In today’s digital age, social media evidence plays a significant role in personal injury cases across Florida. Insurance companies and defense attorneys aiming to challenge your claim can scrutinize what you share online. Understanding how your digital footprint can affect your case is crucial to safeguarding your rights and potential compensation.
How Insurers and Defense Attorneys Utilize Social Media
Insurance companies and defense lawyers often examine claimants’ social media profiles to find content that may contradict injury claims. For instance, opposing counsel can use your photos or posts showing physical activities or vacations to argue that your injuries are less severe than reported. They can misinterpret even seemingly innocent updates to undermine your credibility.
While the Florida Evidence Code does not specifically mention social media, courts have acknowledged it’s relevance in personal injury lawsuits. The Florida Bar Journal notes that “all relevant evidence is admissible, except as provided by law,” and that “relevant evidence is evidence tending to prove or disprove a material fact.” This means that social media posts, if deemed relevant, can be admitted as evidence in court.
Best Practices for Social Media During Your Case
To protect your personal injury claim, consider the following guidelines regarding social media use:
- Limit Sharing: Avoid posting about your accident, injuries, or recovery process.
- Adjust Privacy Settings: While not foolproof, stricter privacy controls can reduce unwanted access to your content.
- Be Cautious with New Connections: Refrain from accepting friend requests from unfamiliar individuals, as they could be affiliated with opposing parties.
- Consult Your Attorney: Before deleting any content, seek legal advice to avoid allegations of evidence tampering.
Remember, people can use anything you post on social media against you. It’s often best to pause social media activity until your case concludes.
Contact Schwed, Adams & McGinley
The distinguished attorneys at Schwed, Adams & McGinley, P.A. boast over 200 years of combined legal experience representing personal injury victims throughout Florida. Schwed Law Firm handles a wide range of cases, including auto accidents, slip and falls, and wrongful death claims. We understand the complexities of social media evidence and its impact on your case. For a free consultation, contact us at 877-694-6079 or email [email protected].
