Social media is increasingly being mined for evidence by both sides in personal injury cases.
With social media increasingly pervading our lives, naturally it has begun to become a factor in personal injury cases. While the courts are divided on how to balance rights to privacy in relation to social media during discovery for a personal injury case, in most situations attorneys are not granted the right to access individual’s private social media accounts. However, this leaves public postings as fair game, and both plaintiff and defense attorneys may be able to take advantage.
Accident Documentation
From the plaintiff’s side, social media offers a potential source of corroborating evidence for the key points that must be proven in any personal injury case. Social media postings from witnesses to the accident can help determine that an accident did occur, that the defendant appeared liable, and that the plaintiff was injured. Social media postings from the defendant’s contacts may also help prove that the individual was acting recklessly. For example, maybe the individual got into an auto accident. If social media postings from friends or even “check-ins” from the individual themselves show that they were in a bar prior to the accident, a case could be made that alcohol was involved in the accident.
Social Media Surveillance
In many ways, social media has made defense counsel’s job a lot easier. Instead of having to hire investigators to sit outside an injured person’s house all day, just waiting to snap a picture of the person looking healthier or happier than they should, today defense attorneys can simply browse social media for potentially compromising photos and statements.
For example, a photo of a plaintiff with a severe back injury standing and smiling at a family function might be used to argue that the person had actually recovered by the date of the photo and therefore did not deserve compensation for medical bills or lost wages after this date. Or, positive tweets from a depressed accident victim might be used to argue that they actually did not have mental suffering and anguish.
Best Policy for Social Media Use After an Accident
If you have been injured in an accident due to another party’s negligence or recklessness, your best move is to keep absolute silence regarding the issue on social media. This will help protect your ability to build a strong case for compensation should you decide to file a personal injury complaint later on. You may find that as friends, family, and colleagues learn about your injury through other means, they may turn to Facebook or other social media platforms to offer support. It can be very tempting to play down your physical and mental trauma when responding to these well-wishers. However, as discussed above a positive attitude can go against you at trial. Therefore, it is best to respond to social media well-wishers with either a simple “thank you” or with a private phone call.
The Law Offices of Michael A. Kahn Can Help
Remember, experienced personal injury attorney Michael A. Kahn is here to guide you. Feel free to contact him immediately following your accident for advice regarding the strength of your case and your next steps for pursuing compensation.
