When it comes to posting on social media, personal injury victims must proceed with caution in Pennsylvania. While social media can be a great source of entertainment and information, you may be surprised to know that it can also significantly impact your case. What you post outside of court matters and can affect your ability to pursue compensation, as well as how much compensation you are awarded in the end. Here’s what you need to know about safeguarding your case by ensuring your social media activity doesn’t jeopardize the outcome.
Is Social Media Evidence Admissible in Pennsylvania Courts?
The short answer is “yes.” In Pennsylvania, your social media profiles and posts can possibly be used as evidence in court or during settlement negotiations in your case.
All personal injury attorneys involved in a case must adhere to specific legal standards that respect your rights and show a clear connection between the evidence requested and the matter at hand. Still, previous cases like Kelter v. Flanagan show that what you post can be considered relevant and discoverable and, therefore, can be used against you during proceedings.
It is important to note that setting your profile to “private” doesn’t always protect you from this fact. If it is deemed relevant to your case, even direct messages and private posts can be subpoenaed and used as statements in your case.
You can’t just delete posts from your profile, as this may constitute evidence tampering. Instead, it’s best to speak with an attorney about how to handle social media posts that can be misconstrued or used against you.
In a Personal Injury Case, Social Media Impacts Can Be Wide-Ranging
Admitting Your Part
During your personal injury case, you may not be inclined to create a social media post taking responsibility for the entire incident. However, even offhand or accidental statements that seem harmless can be taken as an admission of guilt. For example, you may say things like:
- “I didn’t see the ‘caution’ sign!”
- “I feel so bad for what happened.”
- “We were both driving too fast.”
Though you may not have meant to admit guilt, the other side may argue that your posts are a demonstration of negligence and show that you played a significant role in causing your own injury.
Damaging Your Credibility
Although personal injury cases aren’t criminal issues, your character still matters. If the defendants in your case can show that you are a person prone to reckless behavior or someone who generally doesn’t pay attention to your surroundings, this can be used against you in your case.
Similarly, if your social media posts show illicit drug use, excessive drinking, or anything else that paints you as untrustworthy, others involved in your case may become doubtful of your claims, which could, in turn, jeopardize the outcome.
Questioning Your Claims
You are likely bringing a case against a defendant because you have sustained a serious injury that significantly impacts your life and work. However, as the car accident lawyer in the Kelter vs. Flanagan case soon found out, those claims may be called into question if your social media posts show you out and about enjoying your life. The defendant in your case may begin to wonder how you are able to participate in so many activities if you claim to be injured and hurting.
Even just posting pictures of yourself laughing and smiling can be damaging to your case. The other side may use this as evidence that you aren’t experiencing as much pain and suffering as you claim to be. They may argue that your settlement shouldn’t include compensation for those claims because they aren’t true.
If you have questions about how your social media presence may impact your case, we can help. Call Wapner Newman for a free consultation at (800) 529-6600 today.
What Personal Injury Victims Should Avoid Posting on Social Media
Accident or Injury-Related Content
When it comes to social media, personal injury victims may want to refrain from posting anything about the accident itself to avoid inadvertently admitting guilt or downplaying injuries. This includes both photographs of your damaged property or injured body parts and your thoughts about the incident that led to your case.
Updates About Your Daily Activities
Try not to give the defendant a reason to question the extent of your injuries by making assumptions about your ability to participate in certain activities. In a personal injury case, even your weekly trip to the grocery store can make you seem less injured, less emotionally impacted, and more physically capable than you actually are.
Information About Your Employment
If your claim involves lost wages or a loss of future earning potential, you don’t want to give off the impression that you are thriving and advancing in your career. Posting about your daily work responsibilities, awards you have received at work, or even lunches and team-building activities with your co-workers may help the defendants build a narrative about your work life or professional potential that simply isn’t true.
A Note About Content You Didn’t Post
Keep in mind that the negative impacts of social media activity on your personal injury case can go beyond just what you post. Things your friends and family members say and post may also be used against you. For that reason, you may want to speak with them about posting photographs or comments of or about you on social media. Additionally, you should be careful about the comments you make on other people’s social media profiles, especially in reference to the incident, your condition, or the events of your daily life.
Let an Attorney Help You Navigate the Digital World During Your Personal Injury Case
The worlds of social media and personal injury can often be at odds. As you prepare for your case, it’s best to follow the advice of an experienced personal injury attorney to help you avoid saying or posting something that may negatively impact your case. At Wapner Newman, we know what it takes to protect your future and can help you navigate social media in a way that won’t put your credibility or your claims on the line. By taking the right steps, you can successfully avoid jeopardizing your case with social media.
If you were hurt in an accident caused by someone else, having a trusted Philadelphia personal injury attorney on your side is vital. Contact the skilled team at Wapner Newman today at (800) 529-6600 for a free consultation.