Yes, text messages, social media comments, and other digital communications can be used as evidence against you in a personal injury case. It’s important to watch what you say online or to others after getting injured in an accident to give yourself the best chance at recovering compensation.
On this page, the knowledgeable Chicago personal injury lawyers at Levin & Perconti will discuss how text messages and social media comments can damage a case, how and when they can be used as evidence in court, and more.
How Digital Communications Can Serve as Evidence in Personal Injury Cases
Text messages, emails, and social media comments are written communications that can be verifiably tied to an individual. Based on what the individual said, these messages can be used as hard evidence to determine liability, establish fault, or prove inconsistencies in a party’s statements.
For example, making a social media post directly after an accident could undermine your case if your description of the event differs from your later claims. If you messaged the responsible party about the incident, they can attempt to use any apology or expression of sympathy as an admission of partial liability.
What Makes Text Messages and Social Media Posts Admissible in Court
Not every text message or social media post inherently qualifies as admissible evidence. When determining whether digital evidence should be used in a given case, courts analyze whether a post or message is relevant to the context of the case. The party introducing the evidence must also be able to verify that the texts or social media posts are authentic, potentially by analyzing the metadata or writing patterns.
Examples of digital evidence that may be rejected as inadmissible include:
- Hearsay or irrelevant speculation
- Edited screenshots
- Posts from anonymous accounts
- Printouts of posts or messages that aren’t provably attributed to a party
- Posts or messages that contain inflammatory or offensive content, but aren’t relevant to the case
Common Legal Questions About Using Digital Evidence
As digital evidence is relatively novel, many people have concerns and doubts about how and when text messages and social media comments can be used in a personal injury lawsuit. Some frequently asked questions include:
How Should I Protect Myself if I’ve Already Posted Something?
If you’ve already made a post on social media discussing your case, do not delete it. Instead, consider changing its audience to “private” if possible and refrain from making further comments about the accident. Our knowledgeable attorneys can help you limit the fallout from a social media post and advise you on how to proceed.
If I Make My Social Media Profile "Private," Does That Protect My Posts From Being Used as Evidence?
No, it’s still possible for the other party to find your posts and use them as evidence. However, private posts may be more difficult to obtain, as they will need to show that relevant evidence exists to ask the court to order you to turn them over.
I Messaged a Friend Immediately After the Crash Saying "I Think it Was My Fault." Can the Defense Use That as an Admission of Guilt?
Yes, the other party can use your messages as evidence of potential liability. However, you may still have a valid claim. Our experienced personal injury lawyers can analyze your case and help you understand your legal options.
Can I Use Someone Else’s Social Media Posts or Messages to Prove Fault?
Yes, if you have social media posts or text messages from the other party that show their liability for an accident, you can use those communications as digital evidence against them.
Common Mistakes Victims Make on Social Media After an Accident
Staying off social media is the best way to avoid sabotaging a personal injury case, as it’s easy to inadvertently give the other side evidence to use against you. Common mistakes injury victims make on social media include:
- Publicly discussing the case: Making social media posts about your injuries or your claims, including posting photos of the accident, can help the other party find ways to undermine and contradict your claims.
- Posting content that contradicts your claim: For example, if you have an injury claim for back or spine issues from your accident, don’t post content of you carrying a child on your back or lifting something heavy.
- Messaging other parties: Even if you’re just trying to be nice, the other parties can use your messages about the case to pin liability on you.
- Deleting relevant communications: Getting rid of texts or posts discussing your case won’t always stop the other party from using them against you. Their lawyers may still be able to access the deleted content, and the act of deleting it might make it easier for them to get permission.
Contact a Personal Injury Lawyer for Help
Understanding how social media comments and text messages can impact your personal injury case can be confusing, but you don’t need to figure everything out yourself. The experienced legal team at Levin & Perconti can help you gather, preserve, and use electronic evidence effectively to support your case.
With over 400 years of combined legal experience, our firm has helped injury victims like you recover over $1 billion in verdicts and settlements since 1992. Contact us online or call (312) 332-2872 today to learn more about how we can help you get the justice you deserve.
