Personal injury claims can be complex, and you never know what might be used as evidence. Millions of people today have a social media presence, but they might not realize that what they post online could affect their legal claims. If you are filing a personal injury case, talk to your attorney about how to handle your social media.
Your social media could be used against you in a personal injury lawsuit, even if you think it is irrelevant. A defendant may review your publicly available social media pages to determine if your injuries are genuine. This is common when dealing with insurance companies, as they will look for any excuse to deny a claim. Even when social media is private and not available publicly, a defendant could request access through the discovery process. While we can try to limit what they have access to, we might have to turn over relevant information from your social media.
Get a free, confidential case evaluation from our NJ personal injury attorneys by calling Agrapidis & Maroules, P.C. at (201) 777-1111.
How Social Media May Affect Your Personal Injury Claims
People post all sorts of things on social media. While you might think photos from your vacation are completely irrelevant to your personal injury claims, the defendant might believe otherwise.
The opposing party may review your social media for clues about your injuries. If your social media is public and available for all to see, the defense does not even have to go through the discovery process to see it and use it in court. Insurance companies will likely review your social media for evidence of your injuries.
If your social media suggests that your injuries are not as severe as you claim, you might be in trouble. For example, suppose a plaintiff files a personal injury lawsuit after breaking their leg in a car accident. Next, suppose their social media shows them walking without crutches only a week after the accident. The defense might argue that the leg is not actually broken or that the injuries have been exaggerated.
Can Social Media Be Used as Evidence in a Personal Injury Case in NJ?
The defense might do more than just review your social media. In some cases, the defense might believe that your social media is important enough to introduce as evidence in court. As long as it does not violate any of the New Jersey Rules of Evidence, social media may be admissible in court.
As mentioned above, social media that depicts your injuries or otherwise contains information about your case may be of significant interest to defendants. If it shows that your injuries are not severe, the defense may seek to use this against you.
Using social media as evidence goes both ways. Our NJ personal injury lawyers may also use the defendant’s social media if it is relevant and somehow shows that they are responsible for the accident. For example, if you sue because of a car accident, and the defendant posts on their social media about how they ran a red light and got into a crash, we can use this as evidence to support your claims.
Should I Delete My Social Media After Filing a Personal Injury Case?
Considering how your social media could be used against you, depending on what you have posted, you might be tempted to delete it. You should talk to your attorney before doing this, but it might not be a good idea.
If you delete anything, the defense might suspect that you are destroying evidence, and the court might get involved. It may be seen as highly suspicious if someone deletes their social media right after filing a lawsuit. Courts do not take kindly to people who destroy evidence, and it might be wise to leave your social media active.
Instead of deleting, you should make your social media private. Many social media platforms give users the option to make profiles private, so only friends or followers can see them. Consider making your profile private so it cannot be reviewed by anyone you have not already approved.
Can I Post on Social Media While My Personal Injury Case is Pending in NJ?
While nothing is stopping you from posting online while your personal injury case is ongoing, this might not be the best idea.
It is wise to avoid posting anything online. If you do post something, make sure it has nothing to do with the case. Do not discuss the case on social media with anyone. Do not post pictures of your injuries.
If you want to post on your social media while your case is pending, talk to your attorney about what is safe to post. Remember, you may think certain information is irrelevant to the case, but the defendant might disagree.
Can My Private Social Media Messages Be Used in My Personal Injury Case?
Many social media platforms have private messaging features. Your private messages, sometimes called direct messages or DMs, may only be viewed by the person you sent them to. However, they could still be used against you, depending on the situation.
If the defense believes there is important, relevant evidence in your private social media messages, they can request to see them through the discover process. However, the defense must be able to show that they reasonably believe your social media contains relevant evidence. They cannot simply violate your privacy unchecked.
If the defense wants to see your private messages, they must describe specifically what they are looking for. Messages from before your accident and injuries occurred are often irrelevant to the case and should not be included in the discovery process.
We can also challenge the defense’s discovery requests. If they want too much or are unnecessarily invading your privacy, we can ask the court to limit the scope of discovery.
How to Challenge the Use of Social Media Against You in a Personal Injury Case
Social media is not always an accurate reflection of someone’s life. People often post pictures and videos of themselves at their best, not their worst. This might cause a defendant or insurance company to believe that your accident has not significantly affected you.
Social media often lacks information and context. A single picture showing a plaintiff smiling shortly after their accident does not mean they are not also experiencing significant pain and suffering.
If social media is ultimately used against you in court, we can argue to the jury that this evidence is not trustworthy and does not convey an accurate picture of you or your injuries.
Reach Out to Our NJ Personal Injury Attorneys for Help with Your Case
Get a free, confidential case evaluation from our Hackensack, NJ personal injury attorneys by calling Agrapidis & Maroules, P.C. at (201) 777-1111.