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In an age where sharing every aspect of our lives on social media is the norm, individuals involved in personal injury lawsuits in Oklahoma must tread carefully. The seemingly innocent act of posting on social media platforms could have unintended consequences on your legal case.
Why the Defense Can Review Your Social Media
In an Oklahoma personal injury case, social media posts made by the plaintiff can be considered discoverable evidence. According to Oklahoma Statutes, parties may obtain discovery regarding any matter relevant to any party’s claim or defense, which is not privileged and is reasonably calculated to lead to the discovery of admissible evidence. This includes various methods such as depositions, written interrogatories, and producing documents or things. If relevant to the claims or defenses in the case, social media posts can fall under the category of “documents or things” that may be produced for inspection pursuant to Okla. Stat. tit. 12 § 3226.
The Risks Associated with Social Media Posts
Assume that anything you share on social media, regardless of your privacy settings, can be accessed by the opposing counsel in your personal injury lawsuit. This is because social media companies often share user data with third parties, including law firms. Additionally, opposing counsel may be able to obtain access to your social media account through other means, such as hacking or subpoena. From the moment of your accident until the resolution of your lawsuit, the safest strategy is to refrain from using social media as much as possible. If abstaining from social media use is challenging, it is vital to understand how your posts could be used against you and to take steps to mitigate their impact.
In addition to the risks discussed above, social media posts can also be used to impeach your credibility. For example, if you claim to be suffering from a back injury but post photos of yourself engaging in strenuous activity, this could damage your case.
How Your Social Media Activity Can Be Accessed
Opposing attorneys have a variety of methods at their disposal to view your social media content. These methods include sending you a friend request, using third-party applications to scrape your data, or subpoenaing the social media company for your information. While these practices have legal and ethical limits, it is important to be aware of these risks.
The Negative Consequences of Social Media on Your Case
Photographs and Activities:
Posting photographs or updates about your activities on social media can severely damage your case. For example, sharing images of yourself at social events, participating in sports, or on vacation could contradict claims of injury, pain, or disability. This is because opposing counsel can use these posts to argue that your injuries are less severe than you claim. They can also use these posts to impeach your credibility. Opposing counsel can present these posts as evidence that your injuries are not as severe as you claim, which could make it difficult to justify your statements about your condition.
Comments and Venting:
Social media platforms are often used to vent frustrations or share opinions. However, negative comments about your job, healthcare providers, or legal representation could be discoverable, even if not directly admissible in court. This is because opposing counsel can use these posts to argue that you are not as injured as you claim. They can also use these posts to impeach your credibility. These posts could tarnish your reputation and negatively affect your character’s perception, potentially influencing the jury’s decision.
Best Practices for Social Media Use During a Lawsuit
The most effective way to protect your personal injury lawsuit from the negative impacts of social media is to limit your activity on these platforms as much as possible. If you continue using social media, be mindful of what you post. Avoid posting any content related to your case, your recovery process, or anything that could be interpreted as inconsistent with your claims of injury and suffering.
In conclusion, while social media is a powerful tool for connection, its use during a personal injury lawsuit requires careful consideration. By understanding the risks and adjusting your social media habits accordingly, you can safeguard your legal interests and increase the likelihood of a favorable outcome in your case.
Social Media FAQs
Can social media posts be used against me in court?
Yes, social media posts can be used against you in court. This is because social media posts are considered to be public records. As such, they can be subpoenaed by the opposing party and used as evidence in court.
What should I do if I have already posted about my case on social media?
If you have already posted about your case on social media, you should delete the posts immediately. You should also contact your attorney to discuss the situation.
How can I protect my privacy on social media?
To protect your privacy on social media, you should review your privacy settings to ensure they are set to the most restrictive level possible, be mindful of what you post, use strong passwords and change them regularly, only friend people you know and trust, and avoid oversharing personal information.
Can deleting my social media posts negatively affect my case?
Deleting social media posts after the opposing counsel discovered them could be seen as evidence tampering. It’s important to consult with your attorney before taking action to delete posts related to your case.
How does social media activity impact the assessment of damages in a personal injury case?
Social media activity can impact the assessment of damages in a personal injury case by providing evidence that contradicts claims of injury severity. Posts showing physical activity or enjoyment of life can be used to argue against claims for pain and suffering or loss of enjoyment of life.
Should I deactivate my social media accounts during my personal injury lawsuit?
While deactivating your social media accounts can prevent new damaging information from being posted, it may not be necessary for everyone. Discuss this strategy with your attorney to determine if it’s appropriate for your specific case.
Can comments made by others on my social media posts affect my case?
Yes, comments made by others on your social media posts can affect your case, especially if they reference your health, activities, or aspects of your case. It’s essential to monitor and manage your social media interactions carefully.
How do insurance companies use social media in personal injury cases?
Insurance companies may use social media to investigate claims and gather evidence that could undermine the claimant’s case. They may look for posts contradicting injury claims or show the claimant engaging in activities that their claimed injuries should be limited.
What are the consequences of lying about my injury on social media?
Lying about your injury on social media can severely damage your credibility and the strength of your case. If discovered, it could lead to reduced compensation or even the dismissal of your case.