After Facebook was invented in 2004, it has changed the world forever.
More social media platforms such as Instagram, Snapchat, and TikTok have changed the way the world works and operates. If anything, it has helped many people, especially younger generations, stay informed on what is happening in the world.
With the invention of social media, certain forms of content are now being used for and against the plaintiff in personal injury cases.
But now one question arises, will social media impact a personal injury case?
Well, yes and no. But let’s dive in a little more.
The Importance of Social Media in Personal Injury Cases
Social media has the power to be used as crucial evidence toward you in a personal injury case.
In a court of law, any form of evidence will be of benefit for your case. And one of the most powerful forms of evidence is video and photographed media.
And, this is the type of content that consumes all social media platforms.
So if you’re at fault in a car accident, and the plaintiff (the party suing you) has video evidence that you were at fault, you will likely be forced to pay up. It can also go the other way around.
The Dangers of Sharing Content On Social Media
Unsurprisingly, the content you share on social media leaves a large impact on an ongoing personal injury lawsuit. The outcome can also be just as unfortunate if someone decides to post inappropriate content in a family law case.
So, let’s say that you are currently going through a divorce.
Your former spouse claims that you’re unfit to be around the children, while they live a lavish lifestyle, consuming exorbitant amounts of alcohol in the process.
And on top of that, your ex is posting all of his or her stories on social media for hundreds of people to see. Now, you can take screenshots of that to be used as evidence that you deserve custody of the children that you deserve.
Now, you have full custody of your children, since the ex may seem unfit to be parenting young children in the household.
With this story to keep in mind, you should always be careful about what you share on social media, especially during a highly contested personal injury case.
Best Practices for Social Media Use
Regardless of what you post on social media platforms, you need to be aware of your settings before posting any content.
Even if your profile is set to profile, anyone can still see what you post and how you portray yourself online.
What if an old coworker screenshots or takes a screen recording of inappropriate content that is now being used against you? Think about that.
You should also be aware of how social media may impact your ongoing legal battles.
It’s important before consulting with an experienced Salt Lake City personal injury attorney for them to review any evidence that you have as social media before they potentially take on your case.
Chances are, if you posted anything about a serious injury or accident you were in, the insurance company can see that and use that form of evidence against you.
So, if you post anything on social media, please be careful about what you post and the privacy settings that you currently have on your profile, regardless of what profile you’re using.
Admissibility of Social Media Evidence in Court
In the context of legal, both public and private information shared from social media may be admissible, meaning that the evidence needs to be valid.
For social media evidence to be admissible, it needs to be authenticated directly. So, it’s necessary to prove the circumstances under which the evidence was obtained.
There are also specific internet evidence tools that lawyers can use to gather evidence to strengthen their claim even more, such as SMI Aware and Page Vault.
Social Media Leaves More Of An Impact Than You Think
Social media can leave more of an impact on your personal injury case than you may think. By using these platforms, you always need to be careful regarding your usage and what you post as well.
Remember, that social media is an ever evolving tool that changes every month, so be sure to protect your rights by watching what you post on these platforms.
Published By: Aize Perez