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Social Media and Injury Claims

Today, there are hundreds of millions of people who use social media on a daily basis. Some of the most common social media platforms include Facebook, Instagram, Twitter, and Snapchat. Social media is a great way to not only go about digital marketing but also keep in touch with family members and friends. At the same time, if a lawsuit unfolds, someone’s social media information could be exposed during potential discovery motions or at trial. Therefore, it is important for everyone to understand how social media might impact the process of an injury claim.

Social media is commonly used during litigation to test the credibility of everyone involved and to vet a potential story. Therefore, everything on someone’s social media profiles might be involved. For example, statements made on social media might be used to prove that someone had prior knowledge of the incident. The timing of social media posts may also be relevant to an accident that might have taken place. Furthermore, social media could even be used to directly attack the character of a witness. For all of these reasons, people need to be cognizant of what they stand for on social media.

A common concern that people have is that they believe their social media information as private as long as they correct their settings. This is not always the case. Once something is on the internet, it is there forever. Furthermore, if there is a discovery motion filed, then the owner of that social media profile might be required to unveil everything on that profile to the other side.

Therefore, one of the common questions that many people have is whether or not they should delete their social media posts in the event of a trial. The answer is that they should absolutely not do this. Otherwise, this could be considered the destruction of evidence, which can significantly damage someone’s case. Instead, it is important for people to practice preventive measures. Everyone needs to think carefully about what they post on social media, knowing that this could be used against them one day. Furthermore, it is even better for people to let their own legal team know what is on their social media accounts. That way, they can plan accordingly.