How Social Media Can Affect Your Lawsuit?

cartwrightlaw - January 24, 2023 - Uncategorized
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Reports show that 4.48 billion people currently use social media worldwide, and the average social media user engages with 6.6 various social media platforms. Pew Research Center similarly reported that 72 percent of the public now uses social media, with the most common websites being YouTube, Facebook, Instagram, Pinterest, LinkedIn, Snapchat, Twitter, and Reddit.

Despite how second nature social media seems to many of us now and the ways in which we routinely share everyday insights about our lives, every person who has a lawsuit relating to a personal injury or wrongful death action will want to generally stay away from social media to avoid any problems with their case. The bottom line remains that the things people say on social media websites can be used against them in court, and there can also be legal issues when people attempt to delete some of their posts.

 

Impact of Social Media on Personal Injury Cases

Every single person needs to be aware that insurance companies for possible liable parties in many personal injury cases will immediately seek to evaluate the character of a person who is initiating a legal action. The investigation of an insurer is highly likely to involve collecting and analyzing all of a person’s various social media accounts.

Insurance companies take this approach because there can oftentimes be photographs that alone can be enough to contradict a person’s injury claims. For example, a person who is claiming a debilitating injury shares pictures of themselves partaking in a recreational activity.

Similarly, some people may have social media posts in which they are discussing issues with their workplace at the same time they are seeking lost wages. A person could also encounter issues if they check into a gym during a time they are claiming to be immobile.

Insurance companies will want to examine the social lives of their claimants to see if there could be any details that may be used against them, and certain activities people participate in could adversely affect their injuries. There can also be concerns about whether a person is adhering to a plan they received from their doctor relating to their medical care.

 

Spoliation of Social Media

The term spoliation refers to the act of ruining or destroying something, and legally speaking, the spoliation of evidence involves a person destroying or altering evidence in a court case. Anybody who posts something to social media that they immediately regret can be tempted to delete the post, but deletion of a social media post can actually be a mistake.

Social media evidence is held to the same standards as all other Electronically Stored Information (ESI). Under Federal Rules of Civil Procedure 37(e), ESI must be preserved “in the anticipation or conduct of litigation,” otherwise a person can face legal consequences. 

In Allied Concrete Co. v. Lester, 285 Va. 295, 736 S.E.2d 699 (Va. 2013), the Supreme Court of Virginia heard a case in which Isaiah Lester was driving his wife to work traveling west on the Thomas Jefferson Parkway and William Donald Sprouse was operating a loaded concrete truck and traveling east on the Thomas Jefferson Parkway. Sprouse lost control of his vehicle, tipped over, and landed on the vehicle occupied by Lester and his wife, killing her and subsequently leading to a guilty plea to manslaughter for Sprouse.

Lester filed a complaint against Allied Concrete and Sprouse, and a jury awarded Lester $6,227,000, plus interest, on the wrongful death action, and $2,350,000, plus interest, on his personal injury action. Allied Concrete filed multiple post-trial motions, including motions for sanctions against Lester and the lead attorney on the case, Matthew B. Murray, arguing that Lester conspired with Murray to intentionally and improperly destroy evidence related to Lester’s Facebook account and provided false information and testimony related to his Facebook page, his prior use of antidepressants, his medical history, and the spoliation of Facebook evidence.

A trial court ultimately decided Allied Concrete was entitled to sanctions against Lester and Murray. It sanctioned Murray $542,000 and Lester $180,000 to cover Allied Concrete’s attorney’s fees and costs.

 

Social Media Tips Following Accidents

Any person who has been involved in an accident and is in the process of attempting to recover compensation for their injuries will want to generally stay off social media until their attorney gives them permission to use it again. Some of the other possible tips people should keep in mind will include:

  • Avoid accepting any friend requests from people you do not know. When you receive a request from a party you are unfamiliar with, always investigate the person’s profile to determine legitimacy. When an account seems suspicious, deny the request.
  • Geolocation data can be very important, so make sure you do not tag yourself or allow yourself to be tagged. Various social media platforms give people the ability to approve tags, so make sure you have that option.
  • Never offer any updates about your injury status on social media. Keep all of your medical information private and do not provide any details about your injuries on social media.
  • Do not relay any statements from your attorney on social media. Keep all conversations with your lawyer private.
  • Set all of your social media accounts to private so they cannot be viewed by anybody you are not connected to. 

 

Call Us Today to Schedule a Free Consultation with a Bay Area Personal Injury Attorney

Are you currently dealing with issues surrounding an injury that was caused by the negligence of another party in California? You will want to retain legal counsel as soon as possible for help figuring out the next steps to take in your case, and the Cartwright Law Firm, Inc. can be your voice in the courtroom, so you will be able to have somebody on your side who is capable of fighting for every last dollar of financial compensation that is available to you.

Our firm offers more than six decades of experience, and we handle various kinds of personal injury cases, ranging from car accidents to motorcycle accidents to bicycle accidents to truck accidents to bus accidents to airplane accidents to slip and fall accidents to dog bites to nursing home abuse and neglect and more. Call (415) 433-0444 or contact us online to set up a free consultation with our Bay Area personal injury attorney.

 

Sources:

Social Network Usage & Growth Statistics: How Many People Use Social Media in 2022?
Pew Research Center


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Robert E. Cartwright Jr.
Founder and Managing Partner

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