The Impact of Social Media on Personal Injury Cases

In our digital era, social media has woven itself into the fabric of daily life, providing instant connections to friends, family, and the broader world. Following a car accident, many instinctively turn to their phones to share the experience on social platforms.

However, while sharing online can offer support and a sense of community, it's vital to recognize the potential legal and personal consequences. Posts about a car accident can inadvertently affect insurance claims, legal cases, and personal privacy.

Can my social media posts be used against me in a lawsuit?

Yes, your social media posts can be used against you in a personal injury case. Here’s how:

• Prove or disprove liability: Anything you post that could be interpreted as an admission of fault for the accident, such as apologies or detailed accounts of the event, can be used to establish your liability.
• Undermine credibility: If your posts contradict other statements you’ve made to the police, insurance companies, or in court, they can undermine your credibility and weaken your case.
• Cause discovery disputes: Social media often becomes a point of contention during the discovery phase of litigation. Determining what content is relevant and must be disclosed can lead to disputes between the parties, potentially requiring the court to issue rulings to resolve them.
• Question your injuries: If you claim to be severely injured, but your social media shows photos or videos of you engaging in physical activities that seem beyond your claimed physical limitations, this can be used to question the severity of your injuries.
• Dispute claims of emotional distress: Posts that depict you as having a good time or living a normal life despite claiming emotional distress can be used to argue against your claims of suffering.
• Question your timeline: Social media posts can establish a timeline of your activities and whereabouts. If these conflict with the timeline you’ve provided in your case, it can be used to question your account of events.
• Negatively impact settlement negotiations. Evidence from social media can be used in settlement negotiations. If one party can demonstrate through social media that the other party’s claims are exaggerated or misleading, it might lead to a lower settlement offer or more aggressive litigation tactics.

Given these risks, it’s wise to be very cautious about your social media activity if you are involved in a personal injury case or even consider suspending your social media activity until the case is resolved.

What about the social media posts my friends make about my accident?

Contrary to what many people believe, the social media posts made by others about your accident can also be used against you in a personal injury case. Here’s how these posts might impact your case:

• Photos and videos: If someone posts photos or videos showing the accident or its aftermath, these could be used to analyze the scene, contradict statements about how the accident occurred, or illustrate the extent of damages or injuries.
• Witness statements: Comments or posts from witnesses or those involved in the accident can serve as informal statements. If these contradict your claims or support the opposition’s version of events, they can impact your case.
• Details about your condition: Posts from friends or family that describe your health or activities after the accident might contradict your claims about the severity of your injuries or your emotional state.
• Location and activity information: Posts that tag your location or activities could conflict with the timeline or physical limitations you’ve claimed in your case.

Because of these potential risks, it’s important to manage not only your own social media activity but also be aware of what others are posting about you or your accident. You should consider asking friends and family to refrain from discussing your accident or injuries on social media during the legal process.

Are social media posts always admissible as evidence in a personal injury case?

Social media posts can be admissible as evidence in a personal injury case. However, their admissibility depends on several factors based on general evidentiary rules:

• Relevance: The posts must be relevant to the case, meaning they should provide information that proves or disproves a fact at issue. For instance, posts showing physical activity could be relevant if the case involves a claim of physical injury.
• Authenticity: It must be proven that the social media content is genuine and not altered. This usually involves confirming that the posts came from the accounts they are claimed to come from and that they haven't been tampered with.
• No violation of privacy expectations: The posts must have been obtained in a way that does not violate privacy laws. Generally, content from public profiles or obtained from the account holder’s connections without deceit or coercion can be considered.
• Compliance with court rules: The evidence must comply with procedural rules regarding how evidence is collected and presented. This includes ensuring that the posts are not hearsay, or if they are, that they qualify under an exception to the hearsay rule.
• Prejudice vs. probative value: The court will consider whether the probative value (usefulness for proving something important in the case) of the posts outweighs any potential prejudice that might result from their admission. For example, if a post could be highly embarrassing or inflammatory but only marginally relevant, a court might decide to exclude it.

Whether or not social media posts will be admitted in court can vary dramatically from case to case. Legal professionals must scrutinize posts closely to determine their potential impact and admissibility before including them as part of a strategy.

At McNicholas & McNicholas, LLP, we have secured a reputation as one of California’s leading personal injury law firms. Our attorneys have recovered nearly $2 billion in compensation for our clients, and we fight for your right to obtain fair compensation. Are you looking for a results-driven personal injury lawyer in Los Angeles? Call our offices or fill out our contact form to schedule a free case evaluation today.