Can Social Media Be Used in a Personal Injury Lawsuit?

Can Social Media Be Used in a Personal Injury Lawsuit?

Can Social Media Be Used in a Personal Injury Lawsuit?

In this day and age, social media is a big portion of each of our lives. Even following an accident or injury, many individuals post on their social media to update their friends and family members, living near and far, of their current status. As social media is becoming a prevalent force in most people’s lives, it may have its day in the courtroom.

In a recent Pennsylvania Superior Court case, a panel of judges were looking at social media posts as evidence. One of the judges permitted the use of social media in the court case but was weary of the fact that social media could be easily falsified therefore stood high scrutiny in the future.

What Can Be Used in Court?

Be aware of what you post on the internet. Social media post such as Facebook posts, videos, and photos may be used against you in a lawsuit. An individual can enter social media as evidence if the social media post proves the following:

  • The plaintiff is not suffering from said injuries in lawsuit
  • The plaintiff’s injuries are not as significant as originally claimed
  • There was no negative effect on the plaintiff’s life

The Stored Communication Act allows for individuals to use or request posts from social media websites for lawsuits. Though you are legally able to use the information in court, it may be heavily scrutinized. In court, it may be required to provide authentication because social media potentially could be falsified by photoshopping or other editing programs. As social media finds its way into the court system, judges and attorneys are trying to find better methods of authentication.

Questions About Your Personal Injury?

If you’ve been injured and are looking to file a lawsuit, you may want to acquire legal assistance. Contact the personal injury lawyer at James W. Sutton, Attorney at Law. Sutton has past experience assisting those who need to get the compensation they deserve to pay for their medical costs.

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