Over half the world’s population uses social media, with many users active on several platforms daily. Consumers share and consume billions of pieces of content across the globe, and the data in these posts becomes part of the public domain. If you’ve been hurt by someone else, the role of social media in your personal injury claim can be both beneficial and detrimental.
To understand social media and personal injury claims, consult the experienced Houston personal injury lawyers at Farah Law before posting anything after an injury accident.
The Pervasiveness of Social Media
According to a survey by Pew Research Center, more than 83% of American adults report using at least one social media platform, and most are active on one or more. The average user spends over two hours a day on social media. Posting on social media is a great way to share experiences, connect with people, and relay current and relevant information.
However, after sending a social media post, it will be visible to those who follow the sender on the social network, and those individuals may share it on other sites. Once a post has been shared, the sender no longer has control over who else may view the content. Deleting the post will not recall it from those it has been shared with, and it may remain recoverable from the social network’s servers for some time after being deleted.
Social Media Posts Can Be Used as Evidence in Legal Proceedings
A social media post that is ‘out there’ is potentially accessible by anyone who knows where and how to look. According to the State Bar of Texas, social media content (SMC) is a “rich source of evidence ” that can help establish several of the elements necessary to prove or disprove a legal claim.
Before social media content can be considered credible evidence, it must be vetted under the Texas Rules of Evidence. To be recognized as admissible evidence in legal proceedings, social media content must tick all of the following boxes:
- Relevant – SMC must be related to the legal issues to be resolved
- Material – SMC must provide information that can influence the outcome of a case
- Authentic – It must be proven SMC is genuine and not forged or tampered with
- Non-Prejudicial – Admission of SMC cannot be overly prejudicial to the person it is admitted against
Authenticating social media content can be challenging since social media accounts can be hacked, and content can be manipulated or forged. Even when one party can establish that SMC is genuine, professionals must collect it in a way that preserves its reliability. This may involve using digital forensic experts to analyze social media content and vouch for its credibility.
Evidence rule 403 lets a court exclude evidence that is relevant when the value of it as proof is substantially outweighed by the likelihood it would also:
- Result in unfair prejudice
- Confuse the issues
- Mislead the jury
- Cause undue delay in the proceedings
- Present unnecessary cumulative evidence
If a person tries to admit published social media content that is harmful to a personal injury claim, the other side can challenge the admission under rule 403. However, if the text or imagery of a social media post directly conflicts with information in the personal injury claim, the evidence can probably be admitted to cast doubt on the credibility of the claimant and the validity of the claim.
How Social Media Can Affect a Personal Injury Claim
When done strategically and under the guidance of a personal injury attorney, posting on social media platforms can help prove the damages in a personal injury claim by demonstrating the severity of the claimed injuries and how they have impacted the life of the person injured. Pictures and videos can be worth 1,000 words when it comes to describing pain and suffering or mental anguish experienced as a result of injuries.
The parties on the other side of a personal injury claim will be looking for ways to discredit the injury claims being made. Careless posts on social media can be harmful to a personal injury claim. Whether they are your own posts or comments you make in response to questions or the posts of others, you must be careful not to publish anything that could be misinterpreted or misconstrued in a way that negatively impacts your personal injury claim.
Ways social media posts could hurt a personal injury claim include:
- Contradict injury claims – Pictures, videos, or comments that are inconsistent with the nature and extent of injuries claimed can affect the value of a personal injury claim when it appears a person is less injured than claimed.
- Damage credibility – Information on social media contradicting an injury claim or depicting the claimant in an unfavorable light creates credibility issues that make a personal injury claim harder to prove.
It may not be possible to undo the damage done by an errant social media post. As a result, it is crucial that you are very deliberate about what is shared on social media while your personal injury claim is pending.
What to Do About Social Media While Making a Personal Injury Claim
People who overshare on social media while pursuing a personal injury claim may find out the hard way just how fast what they say and do can and will be used against them. Even innocent comments about insurance companies or the kind of person who caused you harm can be misconstrued and put your claims in a negative light. Our personal injury attorneys recommend the following precautions with regard to social media until a personal injury claim has been resolved.
- Make your social media accounts private.
- Don’t post on social media, or don’t post without guidance from your attorney about what you can say.
- Don’t talk about your personal injury claim in any posts.
- Advise family and friends not to discuss your claim on their own accounts and comments.
- Don’t delete anything already posted because you think it might hurt your claim since the other side can still locate this information, and it looks bad if you delete it.
- Keep in mind that location tracking on social media platforms can provide information about where you go and what you are doing.
Join Forces With Texas Law Firm That Can Help You Succeed With a Personal Injury Claim
When most people share information on social media, they are not usually considering the legal consequences of their statements, likes, and comments. However, because this content can turn up as evidence in legal proceedings, you and your family members must be cautious about posting if you have been injured and are making a personal injury claim. Even if you have a legitimate case, a social media post that projects a different message can significantly damage your chances of obtaining a full recovery.
At Farah Law, we counsel clients on how to protect themselves and preserve the integrity of their personal injury claims in this era of widespread information. Our Houston personal injury attorneys are fearless advocates who fight aggressively for the justice our clients deserve. We offer contingency fee plans, so you don’t pay us until we secure a settlement for you.
Schedule your free consultation with Farah Law today.
