In the era of ubiquitous social media, you have probably heard tales of how personal injury claims can be negatively impacted by online posts. On top of that, personal injury claims can be quite complex to navigate all by yourself. Speaking to a lawyer can ease the burden and pave the path forward.
Consider a scenario where a plaintiff openly discusses aspects of their accident, injury, or unrelated life events on social media. These posts, though seemingly innocent, may inadvertently offer ammunition to opposing counsel, potentially undermining your claim and impacting your
On the flip side, social media posts, when made by the defendant, can work in your favor and become fodder for your defense team’s case-building efforts.
What a Lawyer Can and Can Not Do On Social Media
A lawyer is not allowed to friend a defendant for the sole purpose of accessing a private account, an account whose content is only accessible to approved followers.
Yet, there are situations when your lawyer may be able to access the information on such accounts, such as through a court order. To obtain this, they must provide proof that the account holds evidence pertinent to the case.
On the other hand, lawyers are free to examine public accounts. These are accounts where all posted content is accessible to anyone, even those who do not follow the account.
Unearthing evidence from a defendant’s public social media account is surprisingly straightforward. The things that can be uncovered with only a not-so-complex search can provide really incriminating or defending evidence. Speaking to personal injury attorney Charles E. Boyk can help you understand how to use social media during such trying times.
Technology Facilitation
Thanks to advancements in technology, software tools such as ‘skip trace’ have become pivotal in the process. Traditionally used by debt collectors and bounty hunters to locate individuals, ‘skip trace’ collates information like addresses, phone numbers, property details, and, critically, social media accounts.
By employing this software, among others, lawyers can easily probe into a defendant’s lifestyle and activities. They can also leverage software that captures changes made to social media posts and details such as the post’s original content, timestamps, edits, deletions, GPS locations, and device IP addresses.
These practices, though intrusive, are not a crime. They play a critical role in preserving and providing a chronological record of potential digital evidence, which can be instrumental in revealing attempts to obscure or manipulate information relevant to a case.
Court Precedence
Legal precedents play a pivotal role in defining the admissibility of social media evidence. Notably, the Maryland Court of Appeals’ ruling in Griffin v. State (2011) underscored the necessity for distinctive characteristics in such evidence. This requirement serves to address the risk of account hacking or manipulation.
Conversely, Sublet v. State (2015) saw the court adapting the “reasonable juror” standard. Here, the focus was on whether the evidence was “sufficient to support a finding” by its proponent.
These landmark rulings highlight the nuanced approach courts adopt when assessing social media evidence, laying the foundation for current and future personal injury litigation strategies.
There Are Risks
While employing social media as evidence presents opportunities, it’s not devoid of risks. Your case can implode if you mishandle the collection or authentication process,. To illustrate, an attempt to present uncorroborated or out-of-context social media posts as evidence may lead the court to label your approach as unreasonable, harming your case’s credibility. Whatever you post on social media after an injury should be carefully worded and must show that the injury impacted your life in a negative way.
Therefore, leveraging forensic experts becomes crucial. These professionals assist in capturing, preserving, and analyzing digital evidence, bolstering its reliability and admissibility in court.
Final Words
In this digital era, adaptability to new evidential realms is key. Brace for unpredictable legal terrain, vet your social media activity and ensure you’re partnering with adept legal professionals.
These steps can decisively tip the scales of a personal injury case in your favor.
Source: Charles Boyk Law
