How Social Media Can Jeopardize Your Personal Injury Case
Almost everyone claims to understand the inherent dangers of oversharing information about their personal lives on social media.
And yet…
Almost everyone does it anyway, every day—with unfortunate consequences that range from damaging content reaching current or potential employers to attracting unwanted attention from identity thieves and online predators. And if you’re involved in a personal injury lawsuit in Maryland, your social media posts, or those of others, can provide your opponent’s attorneys with gift-wrapped information that could sink your case.
Social Media and Personal Injury Cases: A Risky Combination
Social media posts can be admissible in the Maryland court system if they meet specific criteria—particularly relevance and authentication. This means that if you’re involved in a personal injury lawsuit, anything you post online could potentially be used as evidence against you.
In Maryland, the court system has specific standards for the use of social media evidence. Here’s what you need to know:
- Authentication
Social media evidence must be authenticated, meaning it must accurately show what it claims to show. This can be done through testimony, affidavits, or sworn statements from someone familiar with the content or account. Maryland requires a higher standard for authenticating social media evidence, including the use of distinctive characteristics and circumstantial evidence. - Relevance
The evidence must also be relevant to the case, meaning it has to support the claims made or refute them. For instance, social media posts can be used to show someone was at a certain place at a certain time. While this may seem like a small detail, it could have a significant impact on a personal injury case.
Though social media is commonly used in a variety of legal contexts, including criminal and family law cases, its impact in personal injury lawsuits is particularly noteworthy. Social media posts can inadvertently contradict your claims about the severity of your injuries, the limitations on your daily activities, or your overall health, which may lead to a weakened case.
Social Media Evidence Can Undermine Your Personal Injury Lawsuit
In personal injury cases, social media posts—whether they include photos, status updates, or check-ins—can have serious consequences. If you claim to be suffering from severe pain or unable to engage in normal activities, posting a photo of yourself hiking, attending a social event, or participating in sports can directly challenge your claims. The opposing party may use this as evidence to argue that your injuries are not as severe as you’ve described.
Some common ways social media posts can hurt your personal injury case include:
• Photos and Videos: Pictures or videos of you engaging in activities that contradict your claims can be damaging. For example, if you say you’re unable to walk due to a leg injury but post a video of yourself dancing at a wedding, it could severely undermine your credibility in court.
• Check-ins and Location Tags: Even seemingly innocent posts, like checking into a restaurant or tagging your location at an amusement park, can be used to argue that you’re more active than you claim to be.
• Public Posts and Privacy Settings: While adjusting privacy settings can help limit who can see your posts, they do not guarantee total privacy. Skilled opposing counsel may still find ways to access your information. Even posts that are only visible to a small group of friends or family can still be used against you.
Legal Tips: What to Avoid on Social Media During a Personal Injury Case
To protect yourself during a personal injury lawsuit, here are some important social media behaviors to avoid:
- Avoid Mentioning the Accident or Your Injuries:
Do not post about the details of your accident, your injuries, or your medical treatment. Even seemingly harmless statements, such as “In a lot of pain today,” can be misinterpreted or used to argue that you’re exaggerating your condition. - Do Not Share Photos or Videos of Your Injuries:
Avoid posting images or videos showing your injuries, even if they appear minor. Photos of you recovering or engaging in light activities could be used to show that your injuries are not as severe as you claim. - Refrain from Complaining About Pain or Discomfort:
Publicly complaining about pain might seem cathartic at the moment, but it could be used against you. These complaints can be used to argue that your claims are inconsistent with your behavior. - Be Careful with Daily Activity Updates:
Posting about your daily activities might make it appear that you’re functioning normally, despite claiming to be incapacitated. For example, if you claim that you’re unable to work but post about attending a social gathering, your credibility could be challenged. - Avoid Activities That Contradict Your Claims:
If you claim to be unable to perform certain activities due to your injuries, avoid posting anything that could contradict those claims. For example, if you claim that your injuries prevent you from working, posting about work-related activities could weaken your case.
Best Practices for Managing Your Social Media During a Personal Injury Lawsuit
If you’re involved in a personal injury lawsuit, it’s essential to be mindful of your online presence. Here are some best practices to follow:
• Consult with Your Lawyer:
Before posting anything, discuss your social media activity with your personal injury attorney. They can advise you on the best way to manage your online presence while your case is ongoing.
• Limit Your Social Media Usage:
Consider minimizing your social media activity altogether until your case is resolved. This reduces the risk of posting something that could be used against you.
• Review Your Privacy Settings:
Make sure your social media profiles are set to private. However, keep in mind that privacy settings are not foolproof, so be cautious about what you post even if it’s only visible to a select group.
• Inform Friends and Family:
Ask your friends and family to be mindful of what they post about you. Even if you have your privacy settings in place, they may not. It’s important to ensure that nothing about your case is shared without your knowledge.
While social media can be a fun and convenient way to stay connected with friends and family, it can also be used as evidence in court that may damage your personal injury case. To protect yourself, an experienced attorney can help you determine the best course of action. Contact the Law Offices of Nicholas Parr in Baltimore, MD today to schedule your free consultation. We don’t receive a fee unless we win.
