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Social Media Posts Can Be Used as Evidence in Personal Injury Claims

Accident victims should understand the basic issues covered in personal injury law and what it can protect. Personal injury lawyers can protect victims' rights and help them receive compensation for their injuries. However, victims must understand that social media postings can be used in a personal injury trial and can harm a claim.

 

Consulting a Fayette County attorney after an accident enhances a victim's ability to receive a reasonable settlement. If you have been injured in an accident you should discuss your case with a personal injury attorney at the Law Offices of Shane Smith.

 

Social media postings became a primary issue in a recent case in another state. The plaintiff claimed a permanent disability was caused his injuries. This rendered him unable to work and disabled to the point that mobility restrictions limited his social activities. The defense requested Facebook posts, comments, status updates and personal information posted following the accident. Subsequent to the request the plaintiff deactivated his Facebook account, an action which destroyed all the discoverable evidence.

 

The defense filed a motion for sanctions and claimed that the destroyed posts would have proved that the plaintiff  had traveled numerous times after the accident and had attended multiple social engagements that proved he did not have limited mobility. The judge agreed with defense counsel that deactivating the Facebook account was sanctionable. He also held that the defense was allowed the inference at trial that the posts would have shown that the plaintiff had taken a number of trips and engaged in numerous social activities.

 

If you or someone you know has been hurt in an accident meet with a Fayette County personal injury lawyer. Call the Law Offices of Shane Smith to schedule a free legal consultation at (770) 487-8999.


Shane Smith
Advocate for the Seriously Injured in Georgia