It is certainly no surprise that within the past ten years, the use of social media platforms, such as Facebook, Twitter, and personal blogs, has become much more prevalent. Not surprisingly, that has also had a significant effect on personal injury litigation.
Clients frequently use social media to comment on accidents, their injuries, and their post-accident activities.
While these comments may seem innocent and irrelevant, parties need to be aware that these comments may be deemed an admission and can be used against them at later stages of litigation. As such, social media and litigation have become closely intertwined.
Social Media & Personal Injury Case Litigation
Case law in this area is still evolving, but courts have increasingly concluded that a litigant’s posts on social media sites are not only relevant, but are also potentially discoverable by adversaries even though they may be made only on a “private” page.
Attorneys for the defendants and their insurance company may be entitled to a complete print-out of your comments and posts on social media sites. Some courts have even directed plaintiffs to provide passwords to their sites, providing the defendant with complete and unrestricted access to those sites.
Should I Erase My Social Media Posts?
Given that social media can have an impact on your personal injury case, is it in your best interest to deactivate your social media accounts?
The answer to this question is NO – which is surprising to many people.
Erasing posts and/or deactivating your social media accounts can actually be detrimental to your personal injury case for a handful of reasons. For one, it can give the appearance that you have something to hide, undermining your credibility. It can also be seen as an effort to alter evidence that could be used against you, which is dishonest conduct.
How to Handle Social Media During a Personal Injury Case
We always recommend that our clients refrain from making any posts or comments on social media sites regarding their accident and injuries.
While it is important not to delete any past posts or comments, it is also important to know that your own comments about your accident, no matter how innocuous or private you think they may be, can potentially have a significant impact on your case.
Questions About Your Social Media Accounts? We Can Help!
If you have any questions regarding an accident, or the effect of social media on your claims, give us a call at (800) 721-3553 or contact us online and we would be happy to assist you. Several of our attorneys have spoken on this very topic at Continuing Legal Education programs and are available to answer your questions and guide you through this process.
Looking for an ally who will be on your side as you pursue your personal injury case, advising you every step of the way and ensuring your rights are protected? At Maynard, O’Connor, Smith & Catalinotto, we have decades of experience helping those who have been seriously injured to obtain the compensation they are entitled to. Our team has the knowledge, experience, and resources necessary to represent you successfully.
If you’ve been injured as the result of someone else’s negligence in the Albany, Johnstown, Saugerties, Amsterdam, Catskill, Gloversville, Hudson or Capital District regions of Upstate New York, give us a call at (800) 721-3553 or contact us online for a free consultation and case review.
Editor’s Note: This content was originally published in 2013 but has been updated as of July 2018.
