The Role of Social Media Evidence in Personal Injury Cases

Many people do not realize how much social media evidence can play in personal injury cases. Unfortunately, overlooking the risks of social media can lead to injured victims posting photos, videos, comments, or status updates that can impact the outcome of their cases and their ability to recover compensation. When this happens, the social media posts that are considered relevant to the case can be entered as evidence. Defendants often use this to support their arguments or twist the information to fit their narratives. As a result, it is important to be aware of how your social media accounts could influence your claim.

What role does social media evidence play in personal injury cases?

When you post on social media after being involved in a car accident, anything you say can and likely will be used as evidence in your personal injury case. Even posts that seem completely harmless can end up being used to make arguments against you in court. Over the years, insurance companies and legal teams working to defend at-fault parties have learned that social media accounts are often rich with information that can support their cases. Now, they are constantly looking at injured parties’ social media accounts for any information, comments, statements, or visual clues that they can use to support their arguments. Often, they find posts that can help them prove that the victim’s injuries are not as severe as they claimed.

What type of social media content can be used or entered as evidence in Seattle?

It is important to remember that any and everything that you post on social media can be used or entered as evidence in a Seattle personal injury case. The general requirement is that anything that the opposing team enters as evidence from your social media accounts must be directly related to your case or the argument they are making. Insurance companies and attorneys are likely keeping a close eye on and monitoring your Facebook, Instagram, or TikTok to see if you slip up and post something that works against you. Here are some examples of the different types of social media content that they might be able to use as evidence:

• Photos: If you post photos on Facebook of you on a beach or at an amusement park without your crutches, wheelchair, cane, walker, or any other medical device that you claimed your doctor prescribed to you, these photos could be used to show that you are not as injured as you claim to be.
• Videos: If you upload videos to TikTok of you traveling, walking your dog, or even going to the gym, these videos could be used to show that you are actually not in the middle of a challenging recovery that has affected your mental and physical health.
• Status updates: If you post status updates complaining about the accident, admitting any fault, showing any guilt, or apologizing to the other party, these status updates can be analyzed and dissected to show that you made a mistake or error or were partially or fully at fault for the accident.
• Check-ins: If you use the check-in feature on your social media accounts to show that you are playing basketball at the neighborhood court, shopping at a local mall, or even at a bar with some friends, these check-ins could be entered as evidence to show that you were not honest about the severity of your injuries or recovery.
• Replies: If a friend or family member posts on your Facebook page asking how you are doing or how your day was, and you reply by saying that you are doing great or that your day was wonderful, these replies could be twisted or turned to prove that you are doing well, are not severely injured, and are having no difficulties carrying out your daily routine or activities.
• Tags: If the opposing team’s insurance company or lawyer finds a tagged video of you dancing at a nightclub, a tagged photo of you carrying bags of groceries with your injured arm or a tagged status update stating that you were at the neighborhood skatepark, these tags could be used to show that you lied about your condition following the accident, which could jeopardize your entire claim.

How can social media evidence affect your personal injury claim?

There are many ways that social media evidence can affect your personal injury claim, such as:

• Showing inconsistencies with or contradicting your statements and testimony
• Undermining your credibility or trustworthiness
• Showing inconsistencies or discrepancies in your timeline
• Showing what type of character or personality you have
• Disclosing the activities or routine you are involved in
• Revealing any signs of admitting fault or contribution to the accident
• Proving that your injuries are not as serious as you originally stated

What you should and should not do on social media when navigating the legal process

Below, we will list four things you should and should not do on social media while navigating a legal claim.

Should do:

1. You should strengthen your privacy settings.
2. You should delete or unfollow anyone you do not know on your friend’s or follower’s list.
3. You should think twice before you post any video, photo, status update, reply, comment, or check-in.
4. You should notify your friends and family personally (not on social media) to let them know not to post anything about you, tag you in anything, or talk about your accident or injury going forward.

Should not do:

1. You should not post about the accident or your injuries.
2. You should not accept new friends or follow requests from people you do not know or blank pages.
3. You should not go back and delete or clean up any of your posts.
4. You should not share any medical updates or physical activity updates.

Have you or a loved one recently been involved in an accident and need advice or guidance on navigating social media during this time? If so, the Seattle personal injury lawyers at Smith McBroom are ready and available to help. With over two decades of experience, we know and understand how social media evidence can impact personal injury claims. We are dedicated to protecting your rights and ensuring that you have the proper representation you need. Please call our office or submit our contact form to schedule a free case review to discuss your claim and learn more about the risks of social media in Tukwila today.