Social Media’s Evidence Role in Personal Injury Cases

Social media has changed the way society functions in everyday life; many individuals feel the need to snap that morning picture of their breakfast on Instagram or follow whatever their favorite celebrity is doing on Twitter, but social media has also changed the game for defense lawyers when it comes to digging for evidence. A large amount of social media users fail to realize that someone else, besides friends and followers, can be viewed all their content to use against them.

It doesn’t matter what you think your privacy settings are set to or how you ‘know’ who your followers are; if you’re in the process of a personal injury claim there is still good ol’ word-of-mouth that can throw all of the work that you’ve done away in moments.  

This doesn’t mean you need to live like a hermit and shut yourself off from the world during a personal injury claim. Just remember that every action you take, whether in the real world or online, can have long-lasting consequences. Anything can be used against you even if it isn’t necessarily wrong. It’s always wise to keep a low profile and be mindful of what you post until your claim is determined.

Try to keep these tips in mind during a personal injury claim process:

• Make No Statements

  – Do not discuss your personal injury case or the situation in which it happened on any social media platform.

• Think Twice Before Posting

  – Always think of the possible outcomes that could come from anything you post on your social media.  No matter how unrelated to the case it may be, it can be:

  • Misconstrued – whether or not you believe you are clearly explaining your case, what you say can be easily intentionally misunderstood and presented in a light that is harmful to your case.
  • Taken out of context – similarly to the above-mentioned issue with posting on social media, what you write on social media can be readily taken out of context. With a bit of a trim here and a bit of an edit there, your internet tirade against the party that injured you will rapidly turn against you and harm your case.
  • Used against you – This should go without saying. Everything you say can and will be used against you doesn’t just apply to word of mouth; it includes your social media diatribes.

• It’s Not Just About You

  – Every case isn’t just about just the plaintiff and the defendant. Everybody in your life and theirs is roped in, including friends, family, neighbors, witnesses/community, your best friends, that one-second cousin who follows you on snapchat that you haven’t seen in years. Anyone can be a part of this case.