According to Pew Research Center, it is estimated that 9 out of 10 Americans own a smartphone (2024). Many people post photos and information to social media on a regular basis. But did you know that, in some cases, social media postings can be used as evidence in a personal injury case.
If social media posts can be proven to be genuine, not altered or fabricated, and they are relevant to the case at hand, they may be admissible as evidence.
Ways In Which Social Media Evidence Can Be Used In A Personal Injury Case
- Social posts can help in establishing or confirming a timeline of events associated with personal injuries. Geotags and check-ins can reveal a person’s location and activities at specific times.
- Social media information may be used to give credence to or contradict injury and other damage claims. For example, if an individual claims to have suffered a severe back injury but shows themselves doing a flip off a diving board in footage taken after the accident, this may be detrimental to the personal injury claim. Also, if a person makes a statement over social media that conflicts with their original statement about an accident or fault on his or her part, this can be problematic.
- In some cases, social media postings can bring to light revelations about a person’s state of mind or activities that may portray them in a negative light in relation to the personal injury incident.
- Even posts to social media done with private settings on, can be subject to use in a personal injury case. Just because something is posted to a select group of people and not to the public, that still does not make it exempt.
What To Keep In Mind Related To Social Media
Although posting life events to social media seems natural for many people, it is best not to do so when it comes to a personal injury claim or case. Even what seems to be minor, or noncontroversial updates can be misconstrued. For more helpful tips, check out this article about What to Look for in a Personal Injury Attorney.
