On Behalf of Diehl & Hubbell, Attorneys at Law
Is social media hurting your personal injury case?
Social media has become such an ingrained part of our daily lives and society that sharing with family, friends, and coworkers our experiences in life seems almost second-nature. This is very much true regarding major life events, both positive and tragic. In situations involving car accidents, posting about you or a family member's experience, loss, or injuries can potentially jeopardize any personal injury claims brought later.
Learn more about why sharing car accident information on social media can significantly impact an injury case.
Why Posting on Social Media is Detrimental
After an accident, the evidence is a critical piece to proving your personal injury claim. The same is true for the car insurance companies and any liable parties involved. Posting details about your accident on social media can provide statements that can work against you and help opposing parties minimize or completely deny your claims.
Top ways that social media is detrimental to a car accident claim include:
- You or relatives may contradict submitted testimony.
- Check-in features can give the wrong impression about your activities.
- Posted photos or statements can diminish the severity of your injuries or abilities.
- Friends and family may mention previous accidents or existing conditions.
Are Social Media Posts Admissible in Court?
The Ohio Rules of Evidence typically disallow the admission of testimony that occurs outside of the courtroom during a trial because it is hearsay. Normally, in injury cases, this standard isn't always applied, and your statements may be held against you. Social media postings are admissible because they are your statements. This also applies to anything commented on by your family and friends.
Another important note is that under Ohio Discovery Rules, you may have to produce records of your social media postings despite it being private. Your friends or family may also be asked to submit copies of their posts regarding your accident, as well. So, in short, privatizing your account won't be enough.