How Social Media Impacts Personal Injury Cases
Over the past several years, social media has made a permanent, lasting impact on the lives of Americans. Most have at least one, if not more, social media accounts. Using social media to communicate is now very common with people using it to document what they experience throughout each day.
What many people do not consider is the impact social media may have on a personal injury case they are involved in. While social media is great for sharing information, it can also be used as evidence in a legal case.
When it comes to personal injury cases, at the most basic level, these cases involve holding another person or party responsible for causing an injury. These cases involve producing evidence about the injury, the event that led to the injury, and the circumstances surrounding the event that led to the injury. Equally important, is the care the defendant owed the injured party, for example, what precautions the defendant should have taken in order to prevent the injury from occurring.
Social media is full of information that may hurt or help a personal injury claim. It must be assumed that both parties will access social media accounts in order to find evidence to help support their claim or to refute the claim made by the other party. A personal injury lawyer in Miami will be able to further answer any questions that you may have about social media and personal injury lawsuits.
Using Social Media for Evidence
Any personal injury lawyer in Miami will agree the most important thing in any personal injury case is to gather as much information as possible. With social media being such a prominent fixture in everyone’s life, it is often one of the first places a legal team will look to find information about a person.
Many people do not use privacy settings, which means that everything they post is available for the public to view. Even people who use privacy settings often share information with friends who do not have these safeguards in place. Perhaps the most important thing that you need to realize is that even if you have a strong privacy wall in effect, evidence rules in the state of Florida allow parties involved in personal injury cases to request access to any information that is relevant to the case, including all social media accounts.
It must be assumed that both parties are going to be able to see whatever is posted on a social media account, so it is important to be prepared to respond to any information that could be misconstrued.
With that being said, it is also important to note not all of the information found on a social media account will be admitted as evidence. The party attempting to use the evidence has to prove it is authentic and has not been forged or altered in any way. An experienced personal injury lawyer in Miami will know what questions to ask to verify whether the information is authentic. If the information cannot be verified, it will not be admitted into evidence.
How Social Media May Affect the Outcome of a Case
Since it is known that the other side is going to be able to see the contents of a person’s social media account, it is important to avoid posting anything that is related to the lawsuit. Simply put, if you do not want the other side to see a post’s contents, do not put it on social media. Even if you delete the post, it will be archived and can be retrieved.
The best way to keep information out of the other side’s hands is to simply not put it online in the first place.
A Personal Injury Lawyer in Miami can Help
If you have been injured in an accident and the injury was caused by the negligence of another party, you deserve compensation for your injuries. Contact a personal injury lawyer in Miami to discuss your case and learn about your rights.
We handle a variety of cases, so call us now if you have any questions.
View more contact information here: Personal Injury Lawyer in Miami.