Social media platforms have become an indispensable part of modern life, from sharing life updates and vacation photos, to posting updates from work or sharing important legal information. While social media provides many advantages in terms of communication and sharing information, they also pose serious legal implications – particularly with regards to personal injury litigation cases. This article delves into their effect on this area as well as how posts from these accounts may be used as evidence in court cases.
Social Media as a Double-Edged Sword
Social media offers personal injury victims an outlet to access support, share their story and connect with those going through similar experiences. While this platform can be therapeutic and empowering, posts intended as informational or connecting mechanisms may actually harm a victim’s case instead.
Lawyers representing defendants in personal injury lawsuits are increasingly turning to social media as a source of evidence in personal injury suits. A single photo or status update posted to Instagram could be enough to disprove a claimant and their injuries; for instance, someone claiming back pain who can be seen lifting heavy weights at a gym during an Instagram post might have their claim called into question.
How Social Media Posts Can be Conducted as Evidence
- Contradictory Testimony: If a plaintiff claims severe emotional distress but can be seen posting cheerful photos online and attending social events, defense attorneys might argue that his or her emotional state may not match up to what has been claimed.
- Verifying Physical Abilities: As noted previously, images or videos showing the plaintiff engaging in physical activities can help substantiate claims of physical impairment and dispute them.
- Establishing Timelines: Posts featuring timestamps can help in establishing when an event took place, which can be invaluable in situations in which timing plays a crucial role in events.
- Witness Statements: Comments or reactions by friends or acquaintances on posts can also serve as witness statements if they provide details about an incident or its aftermath.
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Protecting Your Case in an Age of Social Media
Given its potential risks, personal injury victims must use social media with care. Here are a few steps they should follow when using it:
- Limit Social Media Activity: Take a break from social media while your case is ongoing or limit posts as much as possible.
- Review Privacy Settings: Ensure your accounts are set to private and be wary when accepting new friend requests.
- Avoid Discussing Your Case: Avoid posting any details, opinions or updates regarding your case – however vague they might seem.
- Consult With Your Attorney: Before posting anything related to your case it is always advisable to first consult with your attorney prior to posting anything that might relate to it.
Social media has transformed how we connect and share, but has also introduced unique challenges into personal injury litigation. Both plaintiffs and attorneys should be cognizant of both its potential pitfalls and benefits when used for cases; by understanding its role and impact, individuals can more efficiently navigate this digital era of litigation. If you have been in a personal injury, contact our team today for a free consultation.
Have A Personal Injury?
Visit us at NO COST!
- Exam and Advanced Referrals
- Physical Assessment & Consultation
- Attorney referrals if needed
- Medical managed physical therapy and chiropractic visits
- We offer non-opioid mail order pharmaceuticals if needed
