Can My Facebook Page Be Used Against Me in a Personal Injury Lawsuit?

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Most of us participate in some form of social media, such as Facebook, Twitter, or Instagram. But because social media makes it so easy to keep in touch with friends, family members, and colleagues, we often forget that most of what we post to these sites become public record. There is no true privacy online, and even if you later delete an embarrassing (or incriminating) message, there is no guarantee it has not been stored somewhere else, waiting to be used against you at a later time.

One place an unfortunate social media post may work against you is a personal injury lawsuit. In a typical personal injury claim, the plaintiff seeks compensation for economic damages–i.e., medical costs and lost wages incurred as a result of the defendant’s negligence and noneconomic damages for things like “pain and suffering.” The defendant, in turn, will look for any evidence to minimize a potential damage award, and if possible to prove the plaintiff suffered no genuine injury to begin with.

Social media can offer a bonanza of exculpatory evidence to an aggressive defendant. For example, let’s say a plaintiff is in a car accident and sues the defendant for negligence. The plaintiff alleges that she suffered permanent injuries in the accident and is therefore unable to perform the same recreational activities that she could before the accident. If the defense subsequently finds a picture on the plaintiff’s Facebook page of her kayaking two weeks after the accident, that would obviously not be helpful to the plaintiff’s case.

Orr v. Macy’s Retail Holdings, Inc.

To offer a more concrete example, a federal judge in Savannah recently allowed a defendant to subpoena a personal injury plaintiff’s “profile pages, Facebook friends, timeline posts, photographs, updates, comments, and messages” in order to undermine her claim for damages. The defendant operates a retail store in Savannah. The plaintiff alleges that she was injured when a door in the store’s fitting room fell on her.

The defendant argued the plaintiff’s Facebook posts are relevant to her “allegations of pain and suffering, including her allegation that her active lifestyle has been curtailed by her pain.” The judge noted that some courts require a defendant to make a “threshold relevance showing,” that is demonstrate the likelihood that there is relevant evidence in the social media account by first examining a plaintiff’s public profile. But here, the judge felt such a threshold showing was not necessary. Since the plaintiff’s personal injury claim centers on her “physical condition” and “quality of life,” all of her Facebook posts following the accident “are relevant and discoverable” by the defendant.

Citing another decision by a judge in Florida, the court noted that “social media content is neither privileged nor protected by any right of privacy.” In other words, if you have been injured in an accident, even one caused by the negligence of someone else, you need to exercise extreme caution in posting to social media. Even a seemingly innocent picture or comment may give a judge or jury reason to reject your claim for damages.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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