With the onset of social media blasting its way throughout our modern culture via applications such as Facebook, Instagram, Twitter, and Snapchat, the days of privacy are now relics of the past. What we all think is a fun way of sharing our world with our friends and family, unfortunately, has now become a treasure trove of evidence for insurance defense attorneys in personal injury cases. The law allows within certain guidelines a person’s posts on their social media to be admitted into evidence. For example, if you are involved in a car accident and are claiming permanent injuries from the accident, the insurance company’s attorneys will not only look at your social media posts but will make you produce screenshots usually going back years. The attorneys for the insurance companies will then ask the judge to have them admitted into evidence in an effort to prove that you are not as injured as you may claim. Of course, this does not mean you should never post on social media, rather you should always be aware that what you show to the world is never private and can be used against you.
Privacy settings on the various apps WILL NOT protect you against defense lawyers trying to gain access to your user profiles and postings. This also includes being “tagged” by your friends. Even an innocent post from a party with friends with drinks in hand could be damaging.
FLORIDA COURTS HAVE RULED THAT SOCIAL MEDIA IS DISCOVERABLE, SO REMEMBER EVERY TIME YOU POST IT MAY BE PRESENTED IN A COURT CASE, INCLUDING PHOTOS, COMMENTS, TAGS, AND LOCATIONS.