In today’s day and age, most people have at least one form of social media, if not more. How people use social media varies from person to person, but for many, it has become a primary way of sharing parts of our life with friends, family, and even strangers.
 

Whether it’s posting pictures of the family on vacation, sharing a photo of that great dinner you just made at home or ordered at a restaurant, or sharing a story about something that happened in your life that day, social media has become a means of connecting and exposing parts of our life that in the past would have likely been kept to ourselves and the people we experienced those memories.
 

Now, with the click of a button you can share to the whole world what were once these private moments.

In the world of litigation, especially personal injury work, this can present itself as both a tool and a curse to our clients. In the course of personal injury litigation, a party’s life (whether they are the plaintiff or the defendant) is thoroughly investigated by the opposing party for any weakness, fault, or issue that can be used to attack the party’s narrative and credibility. 

When this strategy meets a world where people, often without much thought and in the nature of habit, post regularly about their life and share photos of their daily activities, a party’s position can be bolstered or devastated with the click of a button.

In personal injury cases, oftentimes people have physical injuries from incidents such as car accidents, motorcycle accidents, or trucking accidents that become the basis of their claim and damages. However, when social media posts conflict with the narrative painted by an injured client’s narrative and testimony, problems arise. Imagine a plaintiff claiming low back issues, who posts a picture of himself doing intense outdoor activities with his family.

Or an injured client who experiences horrible headaches as the result of a concussion, posting a picture out at a concert. The same issues arise when an injured client has a rotator cuff injury or a knee injury that has posted pictures of himself playing basketball with friends. Any claim as to ongoing issues from these injuries will be shot.

Importantly, we recognize that for many clients, not all symptoms are present 100% of the time, and when a client is doing well, they should be able to enjoy their life to the fullest in those moments. However- while symptoms come and go, social media is permanent. Even if an injured client only experiences relief from their symptoms for a few hours weekly or monthly, if photos taken during that time end up on social media platforms, that state is preserved and the other side gains a choice weapon to use against them.