In today’s digital age, social media has become an integral part of daily life. Indeed, people love to share everything, from mundane moments to significant life events.
However, when it comes to personal injury and accident cases, any content shared on social media platforms, whether on Facebook, Instagram, or X (formally Twitter) can have detrimental effects.
When we refer to a personal injury case, we refer to any case where someone suffers a physical and/or emotional injury. Personal injury cases typically fall into the following categories:
1. Accidents: car accidents, truck accidents, motorcycle accidents, bus accidents, pedestrian accidents, and bicycle accidents;
2. Slip and falls;
3. Dog bites;
4. Construction Site Accidents.
Below, we explore how posting on social media can negatively impact a these personal injury cases.
1. Contradicting Claims
One of the primary ways social media can harm a personal injury case is by contradicting the claims made by the injured party.
For example, if someone is claiming severe back pain after a car accident, and the inability to perform certain activities, but their social media posts show them engaging in physical activities (such as riding a roller coaster at Magic Mountain in Santa Clarita), or enjoying vacations, it can undermine their credibility.
Defense attorneys and insurance companies continuously scour social media profiles to find such evidence in order to contradict a plaintiff’s injury claims.
2. Inconsistent Statements
What about statements that are not contradictory, but inconsistent?
Social media posts can reveal inconsistencies in the plaintiff’s statements. If the plaintiff provides one account of their injuries and the events leading up to them in their legal documents but posts a different version on social media, the defense can exploit these inconsistencies. Inconsistent statements can damage the plaintiff’s credibility and weaken their case.
3. Impeachment of Character
Social media content can also be used to impeach the character of the plaintiff. For instance, posts that depict reckless behavior or past incidents that contradict the plaintiff’s current claims can be introduced as evidence.
For example, after a lawsuit has been filed, the plaintiff (the injured party) testifies at his deposition that he “was not speeding at the time of the accident because he always follows the speed limit”, but his social media posts show that he is always running late and speeds up to make his appointments.
This evidence can paint the plaintiff in a negative light and affect the jury’s perception, potentially leading to a less favorable outcome.
4. Publicly Available Evidence
It is important to note that anything posted on social media is considered public information. So, even if privacy settings are enabled, posts can still be accessed by friends or followers who might share the content further.
Defense teams can use this publicly available information as evidence in court. A seemingly innocent photo or status update can be used to argue that the injury is not as severe as claimed or that the plaintiff is exaggerating their condition.
5. Emotional Impact on Settlement Negotiations
Social media activity can also influence settlement negotiations. If an insurance adjuster or opposing counsel sees posts that suggest the plaintiff is in need of money, or that the plaintiff not as severely affected by their injuries as claimed, they may be less inclined to offer a fair settlement.
They might argue that the plaintiff is not suffering as much as they allege, leading to lower settlement offers or prolonged negotiations.
6. Witness Credibility
Not only can a plaintiff’s social media activity be scrutinized, but witnesses’ posts can also be examined. If a witness posts contradictory statements or exhibits behavior that questions their credibility, it can negatively impact the case. Defense attorneys can use this information to challenge the reliability and truthfulness of the witness’s testimony.
Best Practices for Plaintiffs
Given the potential risks, plaintiffs in personal injury cases should follow these best practices regarding social media:
1. Limit Social Media Use: Refrain from posting new content until the case is resolved.
2. Review Privacy Settings: Ensure that privacy settings are as strict as possible, although this is not foolproof protection.
3. Avoid Discussing the Case: Do not post any details about the case, the injury, or the legal proceedings.
4. Monitor Tagging: Be cautious about being tagged in posts by friends or family members that could be misconstrued.
5. Consult with an Attorney: Seek guidance from an attorney on what is safe to share and what should be avoided during the litigation process.
Conclusion
Social media has the potential to significantly impact personal injury cases negatively. Plaintiffs must be aware of the risks and take necessary precautions to protect their case. By understanding the implications and following best practices, individuals can avoid jeopardizing their chances of a successful outcome.
This article is brought to you by The Mason Law Firm. With over 27 years of experience in Personal Injury and Accident case, we represent clients all throughout California, including Los Angeles County, Santa Clarita Valley, San Fernando Valley, Ventura County, Orange County, Kern County, San Bernardino County, and Riverside County.
If you have been injured in an accident, or as a result of a slip and fall, or dog attack, please contact us with a free consultation. You can reach us at (661) 476-5678, or by simply filling out our contact page by clicking here.