Game Changer: Social Media and Personal Injury Lawsuits

The Growing Prevalence of Social Media in the United States

In today’s interconnected world, social media platforms such as Facebook, Instagram, Twitter, TikTok, and Snapchat have permeated every aspect of our lives. They serve as powerful tools for connection, communication, and self-expression.

However, these platforms are a double-edged sword, especially for those entangled in personal injury lawsuits in North Carolina, where an innocuous social media post could significantly sway the direction of a case.

How Social Media Impacts Personal Injury Cases: The Basics

At the heart of any personal injury lawsuit is the need to demonstrate the nature and extent of your injuries, losses, and pain. Yet, what appears to be a harmless tweet or Instagram photo can potentially undermine your claims.

For instance, a snapshot of a weekend hike while claiming severe back injuries from a car accident may adversely affect your claim. Even subtle cues, such as a check-in at a local venue, could suggest a level of physical or emotional well-being that is inconsistent with the severity of your injury.

Legal Precedents: Social Media Evidence in North Carolina Courts

Over the years, North Carolina courts have increasingly accepted social media evidence. Judges have allowed the introduction of posts, photos, and private messages if they contradict or challenge a plaintiff’s claims in a personal injury case.

Lifestyle Posting: A Double-Edged Sword in Personal Injury Litigation

In the context of personal injury litigation, social media posts can be a powerful tool for providing insight into an individual’s lifestyle and activities. However, they can also backfire and lead to unfavorable outcomes.

Past social media posts may serve to prove your quality of life prior to your injury. At the same time, they may also suggest a lack of consistency between the severity of your claims and the activities you engage in post-accident. For this reason, it’s important to be mindful of what you post on social media during the course of a personal injury lawsuit.

Ultimately, while social media is an integral part of our lives, it can also have significant legal implications when involved in a personal injury claim in North Carolina. As such, it is essential to exercise good judgment in maintaining an appropriate level of privacy while engaging with social media platforms during a personal injury lawsuit.

Can Deleted Content Still Impact Your Case?

It’s crucial to understand that in the digital world, the concept of “delete” is somewhat of a misnomer. Even after hitting delete, digital footprints often remain, making retrieval and use in court possible. Courts may view the deletion of posts as a sign of guilt, further complicating your case.

Privacy Settings: A False Sense of Security?

Many believe that stringent privacy settings will protect their social media content from landing in court. However, the legal system can often obtain these so-called “private” posts. Legal professionals can use discovery methods to access these posts and use them as evidence in your case.

In some instances, your phone may be subject to forensic analysis. You could be required to turn over your phone to a third-party company for further investigation. This could potentially give an opposing party access to any messages or photos stored on your device.

The Takeaway: Use Caution with Social Media During a Personal Injury Lawsuit. A single tweet or photo can significantly alter the way your case is handled and its ultimate outcome.

The Role of Plaintiff’s Lawyer in Navigating Social Media Pitfalls

Engaging an attorney early on provides invaluable guidance through the maze of social media use during a lawsuit. They can provide insights on what not to post and how to behave online to ensure your digital presence doesn’t sabotage your case.

The Admissibility of Social Media Evidence in Court

For social media evidence to be used in court, it must pass certain legal tests. For instance, the evidence must be authenticated, proving it hasn’t been tampered with and genuinely comes from your account. It also must be relevant to the case.

Protecting Your Claim: Do’s and Don’ts After a Personal Injury

Navigating social media during a lawsuit doesn’t have to be a daunting task. Here are some key do’s and don’ts:

Don’t discuss your case, accident, or injuries online
Don’t post photos or updates that contradict your claims
Do set your profiles to private
Do consult your attorney before making any post related to your case

The Importance of Consulting a Lawyer

Consulting a lawyer at the outset of a personal injury case ensures you’re well-armed to navigate the complex and often unfamiliar legal landscape. At the Dodge Jones Injury Law firm, we guide our clients from Raleigh to Southeastern and Coastal NC, from the moment of injury to the successful resolution of their case.