In most states, if you file a personal injury claim, the court will allow any relevant technical evidence to be used against you. Technical evidence includes your social media accounts and any information you reveal on them. Although all social media is not admissible, it is important to know the difference between what can and can’t be admitted in court. A personal injury attorney can explain the legal impact of social media on your case and what you should do to avoid your claim being denied.
What Is Considered As Social Media?
The Federal Rules of Evidence, or FRE, allows all electronically stored information to be used as evidence in courts. Any information from social media, including emails, Instagram posts, Facebook comments, text messages, and tweets, can be used by the defendant. For example, If you file a claim that your leg was injured in an accident, but you are seen swimming on vacation, the opposing party can seek to have your case dismissed.
Comments, messages, and photos you may post on social media are available for the public to see. Even if you have private social media accounts, the party being sued can ask the court to grant access to your stored information online. Remember, the opposing counsel is seeking to discredit your claim and keep their client from paying any settlement. A Jett Legal injury attorney will be able to clearly explain what information you have or post to social media can be used in court.
Can All Social Media Be Used Against Me?
No, not all social media can be legally used against you. The court does not want to read all of the posts, texts, or messages you’ve written since you created the account. Nor does it want to go through all of the pictures of your family and friends or restaurants you’ve visited in the past. The FRE clearly defines what criteria any electronically stored information must meet before being considered as evidence in a court. It must:
- Add value to the case of the defendant
- Not be hearsay
- Be authentic, being made specifically by or about the defendant
- Be relevant to the personal injury case
If any of the information fits this criteria, then the defendant can ask to use it in their case. It is the job of the defendant’s attorney to find any and all proof to help the client win. Having a Jett Legal personal injury attorney representing your case can prevent your social media posts from being misrepresented in court.
How Can Social Media Hurt My Personal Injury Claim?
The defendant’s legal counsel will intentionally seek ways to interpret your posts in a negative light and make your case appear as false. An experienced personal injury attorney will be able to defend your claim correctly and have any electronic evidence that has been submitted illegally dismissed. If your social media posts or messages are found as relevant in the case, your settlement may be reduced or denied entirely.
If you involved in a personal injury accident and have filed a claim or are seeking to file a claim, there are some steps you can take to minimize the chances of your social media posts, texts, or messages being used against you. These steps include:
- Don’t post ANY information on any social media platform after you file and during your case.
- Don’t delete any information you currently have on your social media platforms. This could be considered as destroying evidence.
- Don’t add any new people you don’t know personally.
- Don’t post ANYTHING about your personal injury claim
Remember, anything you post online will be analyzed by the defending attorney. If you are claiming to have a back injury, but you are seen rock climbing in a photo, it may be argued that your injury is not as severe as you claim. If you are suing for physical therapy costs for a neck injury but are seen in a photo bobbing your head to music, the defendant’s lawyer could argue your neck is just fine.
How Can An Attorney Help Me?
A Jett Legal personal injury attorney will advise you on how to file your claim, gather your evidence, and collect any monetary compensation you may be due because of your injuries. Don’t allow something like a misunderstood social media post or comment to keep you from winning your lawsuit. Contact a Jett Legal personal injury attorney today to discuss your personal injury claim and if your online timeline can harm your case.
