Social media is a big part of our lives. It hosts a wellspring of accessible information, especially when it comes to legal cases. This is, however, a catch 22, because it can allow lawyers to access supplementary information that can determine whether you win or lose your case.
Social media can be used for and against you in court
Anyone who is involved in a case should know that any material can be used against them in cross-examination. This includes social media posts and messages.
The consensus on social media in court:
- Social media is acceptably used as evidence in civil and criminal matters
- The other parties do not need to request permission or inform you that they will be using your social media content in a case.
- This type of material is often used in personal injury cases to cast doubt on credibility.
There have been cases where the judge has ruled against an injury claim because their social media posts were not congruent with their claim. For example, if you’re claiming personal injury and an inability to work, but your social media shows you playing a team sport during the weekend, you may have a tough time winning your case. Something as indiscriminate as a post saying “great catch up last week!” could be used against you in a case where you’re seeking compensation for psychological or physical impacts from an accident.
It’s common for insurers to leverage social media information
Insurers will use your social media posts and comments to show that you are not as badly injured as you are claiming.
This may come as a shock since most individual’s use social media as a platform to share their thoughts, concerns, vulnerabilities and as their expressive outlet. It’s important to remember that social media is evidence, and it’s easily searchable.
Assume that everything on social media is accessible
Always assume that everything you share online is not confidential, whether you share it publicly or privately. Evidence obtained from any and all communication on social media can be used in a court of law.
Lawyers can advise clients on how to manage their social media account in a way that doesn’t affect their case.
Most lawyers consider it a basic and standard practise to do a search on all parties involved in a case. So, bringing up social media as part of a case is more common than you think – don’t post that scathing rant about your boss, colleague or acquaintance, because once you hit publish, it’s up forever.
Get assistance with your personal injury claim
If you think you need help with a personal injury case, speak with a specialist injury compensation lawyer at Taylor & Scott Lawyers who can advise you on how to best organise your social media for an upcoming case. Our experienced team has a proven track record helping those with a TPD or TTD injury get back on track.
Call 1800 600 664 or contact directly through the Taylor & Scott website.
At Taylor & Scott, we care for you.
