The Impact Of Social Media On Your Personal Injury Case

Social media plays a key role in the everyday lives of individuals across the globe. It helps people connect with others and stay in contact with relatives and friends. Beyond this, though, social media can be a critical factor in personal injury cases. In legal cases such as these, social media can be used in many ways by personal injury lawyers and can aid defendants during personal injury cases.

In this article, our personal injury lawyers in Toronto will explore the role of social media in personal injury claims. Our personal injury law firm will look closely at the impact social media can have on case outcomes and dig deeper into the ways you should manage social media during the legal process.

Social Media as Evidence

In personal injury claims, social media counts as viable evidence. Not only can insurance companies use social media in cases like these when aiming to limit your maximum compensation, but defense lawyers can also utilize posts, comments, photos, and other social media details against a plaintiff or claimant.

There is a range of real-life cases in which social media has been mentioned, discussed, and acted as a catalyst for the inclusion of social media evidence in future cases. One example is the 2018 , in which Nemchin was awarded $700,000 as a result of post-traumatic stress disorder following a motor vehicle accident.

After this case, Green tried to appeal the decision since Facebook videos were not included in the initial trial. The Court of Appeal still ruled that the trial judge was right to exclude the Facebook evidence due to confusion about their origin. It meant that although the defendant was unsuccessful in getting the appeal results they had sought, the case prompted the fact that social media is now widely used as evidence in modern-day personal injury claims.

Types of Evidence that Can Be Detrimental to Your Case

As an accident victim, various types of evidence posted or uploaded on social media platforms can be detrimental to your case. Evidence can include photos and videos that show you have completed forms of physical activity after the incident. Aside from this, any posts that refer to travel despite your injuries can significantly harm your case. A defense lawyer can call your claims into question with posts such as these.

Additionally, if you have made comments that discuss the accident and contradict the course of events that have taken place, this can be detrimental to the case outcome. For instance, even statements related to continuing with daily activities may be taken out of context and used to suggest that your injuries are less severe than you initially suggested.

Practical Advice for Managing Social Media During a Lawsuit

It’s wise to be cautious and take specific tips into consideration when managing social media accounts during a personal injury lawsuit. Our experienced personal injury lawyers in Whitby, Ottawa, Etobicoke and Toronto have covered the practical advice needed in this context, below:

Avoid uploading or posting about the injuries: It’s best to avoid uploading information or posting details related to your injuries. Any posts may be used against you, especially if they contradict evidence previously gathered in relation to your case.

Adjust social media account privacy settings: We advise you to adjust social media account privacy settings in this situation. In limiting who can see your social media posts, you can reduce the chances of an opposing party accessing content that may negatively affect your case.

Be prudent and think about what others post about you: It’s not only your posts that may negatively affect your case. Friends and family members may post about your injuries or personal injury insurance claim as well. So, it is worth being mindful of the posts they create and letting them know that they should not create posts about your injuries or the case.

Legal Implications of Social Media Use

Specific processes are used by insurance companies to gather evidence from social media accounts. Insurance companies, for instance, may hire an investigator to examine a plaintiff’s accounts to access posts or comments about the case.

As part of their formal routine discovery process, defense attorneys or the opposing parties’ legal representation may request access to social accounts, to gather evidence that bolsters their case. Yet, in the legal system, there is a delicate balance between privacy considerations and evidence-gathering processes, as seen in the .

In this case, although the plaintiff’s Facebook photos may have contradicted the severity of her injuries, the court did not allow the defense attorney to look at all the photos on all the social media accounts. Instead, relevant photographs, only, were requested, and the plaintiff’s legal representation had to gather the photographs through an affidavit.

Digital Awareness and Communication with Attorneys

Having an awareness of your online presence in the context of a personal injury lawsuit is critical. The results of cases such as slips and falls or vehicle collisions can hinge on social media posts, comments, videos, and photographs, especially when the content is inconsistent with your claims (such as those related to pain and suffering).

At the same time, being open, communicating with an attorney, and talking about your social media use during a personal injury case is fundamental. This can ensure your lawyer knows which evidence the opposing party may attempt to use against you, and helps you gain legal advice from your attorney on how to manage your social media accounts in this complex scenario.

Seek Legal Advice from Ristich Law to Navigate Your Lawsuit Confidently

There are clearly many impacts of social media in a personal injury case. Not only can insurance companies use posts as evidence against you, but you may post evidence that contradicts the case your personal injury lawyer has built for you. It’s crucial to be prudent with your online presence during cases such as these.

If you have experienced a personal injury and need to navigate your case, our personal injury lawyers strongly advise seeking legal support. At Ristich Law, our experienced lawyers can assist you in a personal injury claim and fully understand which steps are needed to manage a social media account in cases like these. Contact us and let us support your case and help you navigate these complex legal processes.