Whether you love it or loathe it, social media has become ingrained into our lives. Many of us have become used to sharing every detail of our day, from what we had for breakfast to our innermost thoughts or where we went at the weekend. However, when you’re embroiled in a personal injury case, what you post online can have serious repercussions.
Personal injury lawyers regularly monitor social media because they know it can provide valuable information to build or defend cases. However, things on social media are famously exaggerated and rarely a true reflection of a person’s life. This raises the question of whether social media is a useful tool or a dangerous trap in personal injury litigation.
How Social Media Can Hurt a Personal Injury Case
One of the biggest risks that social media presents for plaintiffs during a lawsuit is giving the defense ammunition to discredit a claim. For example, let’s say you were in a car accident and filed a personal injury claim for damages, including a back injury. If you post a video of yourself dancing at a wedding, opposing lawyers and insurance companies could use it against you. They might say it’s evidence that your injury isn’t as serious as you claimed. Even posting something as simple as a photo of you on a weekend hike could raise questions about the legitimacy of an injury.
What Defense Attorneys Are Looking For
Defense attorneys look for any reason to argue that the injury isn’t as severe as stated, that it wasn’t caused by the accident in question, or that the plaintiff is in some way being dishonest or exaggerating the injury.
Using something posted on social media as evidence against the plaintiff is a lot more common than you think, and it’s becoming more prevalent every year. One study found that 52% of lawyers said they’ve seen an increase in lawsuits linked to information found on smartphones and social media platforms.
What About Private Accounts?
Even private social media accounts aren’t always safe. Courts can issue subpoenas to get your deleted posts, private messages, and hidden activity. That’s why many personal injury attorneys, like trinjurylaw.com, advise clients to limit social media activity while a case is ongoing. In matters like this, it’s better to be safe than sorry.
How Social Media Can Strengthen a Personal Injury Case
Social media can help build a case if used strategically. Sometimes, defendants admit fault online. That might sound strange, but many people don’t give a great deal of thought to what they share on social media. It seems fast-paced and frivolous. However, a throwaway comment like “oops, didn’t see the stop sign” after an accident can be valuable evidence for the plaintiff.
Witness Footage
Bystanders often capture crucial evidence that can support a claim, especially in densely populated areas like cities. In one chilling tale, a woman recorded an Instagram Live video during and after a car crash that left her sister dead. A friend of a friend found the footage and shared it on a Facebook account.
Patterns of Negligence
If an individual or a company has a history of reckless or damaging behavior, this may well be documented online. Essentially, social media can expose repeat offenders and lead to class-action lawsuits when victims realize they’re not alone. You may often see this with negligent doctors, surgeons, companies, landlords, manufacturers, or employers. These social platforms help connect victims who share their stories online.
For example, a person may join an online support group to share their surgical injury experience, and others may respond with similar horror stories. Similarly, someone may post about getting burned by a faulty electronic device, and others may comment on the same experience. Cyclist or motorcyclist communities often share helmet cam footage to shame dangerous drivers. If other cyclists or bikers recognized the car and had their own near-miss experiences, this could lead to a stronger claim.
Endnote
Social media has pervaded every area of our lives, and personal injury cases are not exempt. Platforms like TikTok, Twitter, Facebook, and Instagram are common hunting grounds for lawyers on both sides of a case. What you post can strengthen or ruin a claim, so it’s a powerful but risky tool. If you’re pursuing a personal injury claim, the best approach is to be cautious. While a total social media blackout may not be necessary, limit your activity, avoid discussing your case, and, ultimately, follow your lawyer’s expert guidance.
