How Social Media Can Impact Your Personal Injury Case

 Posted on April 19,2024 in Personal Injury

Social media is part of most people’s lives. While you may share a lot of your life on social media, you should be careful if you are involved in a personal injury case and are tempted to post about it. Your social media activity can significantly impact the outcome of your claim. An Illinois lawyer can help you determine how your social media presence can affect your case and what you can do to protect your rights.

The Role of Social Media in Personal Injury Cases

Insurance companies and defense attorneys often use social media to investigate claimants and gather evidence that may undermine the case. The insurance company may look for posts, photos, or videos that contradict the severity of your injuries or suggest that you are not as injured as you claim to be. For example, if you are claiming that you have suffered a severe back injury, but your social media shows you engaging in physical activities, it could hurt your case.

Illinois Courts and Social Media Evidence

In Illinois, courts have consistently allowed social media evidence to be admissible in personal injury cases. In the 2012 case of Forman v. Henkin, the Illinois Appellate Court held that social media content is discoverable if it is relevant to the case. This means that if the defense believes your social media activity is relevant to your claim, you may receive a request to access your accounts during the discovery process.

Protecting Your Personal Injury Claim

To protect your personal injury claim, be mindful of your social media activity. Here are some tips to help you navigate social media while your case is pending:

• Review and adjust your privacy settings on all social media platforms to limit public access to your posts and photos.

• Refrain from discussing your accident, injuries, or legal case on social media. Anything you post can potentially be used against you.

• Be wary of accepting friend requests from unfamiliar individuals during your case. The insurance company may be attempting to access your social media activity on behalf of the defense.

• Before posting anything related to your accident or injuries, consult your Illinois personal injury attorney to ensure it will not jeopardize your claim.

Contact an Arlington Heights, IL Personal Injury Lawyer

In personal injury cases, social media can be a double-edged sword. While it can be a great way to stay connected with loved ones and share your life experiences, it can also be used against you in court. By being mindful of your social media activity and working closely with a Palatine, IL personal injury attorney, you can protect your rights and maximize your chances of a successful outcome in your case. Our team has several decades of experience with multiple attorneys, which means we eliminate outdated strategies and use updated resources and tools to get the most out of your case. Call Newland & Newland, LLP at 847-797-8000 for a free consultation.