Sometimes social media can inadvertently come back to hurt you. This is especially true for injury victims who use social media. We advise our clients to exercise extreme caution when posting to social media while pursuing an injury case. If you say something on social media that works against your case, it can hurt your chances of recovery. You might say something that calls the facts of the case into doubt. You might say something that makes you look bad. You may end up saying something on social media that contradicts what you’re claiming in the case. For example, if you’re claiming that you have a broken arm, but you post on social media that you’re going bowling, the defense is going to challenge your injuries. When you have an injury claim, you must always be completely honest about your injuries and losses. Contradictory social media posts can completely ruin your case.
Check-ins on Facebook and other sites can show that you’re participating in activities that contradict the injuries you’re claiming. For example, if you’re claiming you have limited mobility, you shouldn’t check in at your yoga class. Location posts can count as evidence against you.
Social media posts can also inadvertently show the other side what you’re physically capable of doing after your injury. If you post a picture of your children on the ski hill, the other side might ask who took the picture. If the answer is you, they’ll have proof that you’re on a ski hill. What you post can call your case into question in ways you may not be able to predict.
Even the things that witnesses post on social media can hurt your case. They might contradict your claims about your injuries. They might post pictures of you at family events, giving your kids or nieces and nephews piggyback rides. They might make statements about how much money you want to get paid for your losses. These things can hurt your evidence in the case and paint you in a negative light.
At trial, the rules of evidence say that what a person says outside of court typically isn’t admissible at trial. Out of court statements are often categorized as inadmissible hearsay.
However, there’s a routine exception for the statements of a party. When you’re bringing an injury claim, your statements to others outside of court are admissible against you because you’re a party to the case. Your social media posts count as statements, and that’s why they’re admissible against you in court. Statements by family and friends on social media are also admissible if they contradict the same person’s statement in court.
You might think that you can still use social media during your injury case if you’re really careful. You might assume that you can carefully filter your social media posts by reading everything you post with a critical eye. Unfortunately, it’s all too easy to say something that you don’t realize may be used against you. You never know how the other side is going to try to twist your words and your posts. Trying to monitor your social media use is too risky when your recovery is on the line.
Even if you make your Facebook page viewable by your friends only, there are things that the other side can do to see what you post. First, if they know any of your friends, they can ask your friends to give them the information voluntarily.
Second, they can take advantage of the rules of discovery. These rules can require you to produce records. The other side may demand that you provide copies of your social media records even when your account is set to private.
A social media squabble can complicate your case. You and your lawyer may have extra trips to court to hash out whether you have to produce social media records for the other side. On the one hand, courts have ruled that there’s no social media privilege. You can’t get out of producing relevant social media records by setting your status to friends only or private.
However, the key to social media discovery is showing relevancy. The discovery rules don’t allow parties to demand large amounts of records in the hopes that they’ll find something helpful for the case. That’s called a fishing expedition. These conflicting legal priorities can result in a court battle that makes your case more complicated and stressful.
So if f you’re bringing a personal injury claim, don’t post anything personal on social media. If you absolutely must use social media, limit your social media use to liking other people’s posts and sharing news articles.
You should see what’s out there about you by searching for your own name. Ask friends and family not to mention your case. Your best bet is to lay low on social media sites until your case is fully resolved.
If you have been injured in an auto collision and are pursuing an injury claim, it’s essential to contact a qualified lawyer. Your lawyer can help build, file, and present your case. Additionally, your lawyer will provide expert guidance at every stage of your case. This guidance is crucial to helping you gain an understanding of the things you should avoid to make your case as simple and successful as possible. That includes helping you make sure to avoid social media pitfalls during your case. Don’t let a simple mistake compromise your ability to recover the compensation you need to get back to your life.
If you, a friend, family member, neighbor, or co-worker has been injured in an auto collision, give us a call at 253.858.5434 to set up an appointment for a free initial consultation.