Social media is everywhere these days – after all, it’s social. From Twitter and Facebook to LinkedIn and Pinterest, people seemingly spend most of their time glued to their phone’s screen. While we often view these sites as harmless, they can do serious damage to any legal issues or claims being undertaken. This may lead to the court taking in your phone as evidence, with attorneys going to websites such as https://www.eidebailly.com/services/litigation-and-dispute-advisory/cell-phone-forensics to run forensics on your phone in case of potential other evidence. Read more about the connection between social media and personal injury claims, and your court case.

Posting on your Facebook account or on Twitter may not seem like a big deal, but it certainly can be. Social media may lend itself towards more spur-of-the-moment, spontaneous posting. But,  avoiding it before or during a personal injury case is critical. Why? Because social media posts may be admissible as evidence in court.

If you are going through a messy divorce or are involved in a civil suit, and you post negative or harassing comments about the other party, this can be used against you. It may even be useful as evidence in a libel suit. Of course, should the evidence prove you were either lying or slandering the other parties involved. If you are seeking compensation for an injury, but you post photographs of yourself enjoying a family skiing holiday in Colorado, this can be used as proof that your injuries were not serious, or life-changing.

Social media can be especially damaging when involved in personal injury cases. Your insurance company, or the defense, are looking for a tidbit of evidence. They do this in order to to undermine your case and destroy your credibility. Your credibility is these cases is essential – don’t let a mindless post destroy it. Because of the serious implications of social media in court cases, there are certain rules you should follow when online.

If you are a regular poster on social media sites such as Facebook or Twitter, here’s what you need to avoid doing so you don’t ruin your case:

• If you have an involvement in a personal injury claim, do not post anything about your accident or your injuries. The defendants and their attorneys will be monitoring for anything that can potentially damage your claims.
• Never post anything when you are angry or frustrated.
• Never comment about your personal injury case. Anything you say can be used against you in court.
• Do not post photos or videos. Any proof that your injuries have not diminished your quality or enjoyment of life can hurt your claims in a civil suit
• Avoid posting activities on your Facebook page.
• Never tag yourself. Anything you are tagged in, even if it is someone else’s picture or video could hurt your case.

When it comes to Facebook and court cases, the best advice you can take is to eliminate Facebook entirely. This is especially if you are in doubt as to what you should, and shouldn’t, do. If you absolutely feel that you cannot live without your social media accounts, your best option is to set them to “private” to keep the defense from viewing your posts, photos or videos.  

If you are the victim of someone’s negligence and feel you have an entitlement to compensation for your pain and suffering, you need an experienced and knowledgeable attorney on your side. Rossetti & DeVoto, PC is willing to assist you through the process of claiming compensation for your injuries. Our New Jersey personal injury attorneys will relentlessly fight for your rights, and make sure that you always come out on top.  Call us today at (844) 263-6260 for a free, no-obligation consultation.