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For Injured Texans

The role of social media evidence in personal injury cases

On Behalf of | Jan 16, 2025 | Personal Injury

Social media platforms provide more than just a means to stay connected to friends and loved ones — they can serve as a variable treasure trove of evidence in civil and criminal cases. Social media content is a pivotal factor in legal proceedings, affecting the outcomes of many cases under Texas law.

What qualifies as social media evidence?

Social media evidence can include any information from social media platforms, such as posts, messages, photos, and videos from Facebook, Twitter, Instagram, and Snapchat. Depending on the content, this type of evidence can either support or weaken a personal injury claim.

  • Supportive evidence: Posts documenting the accident or injuries can corroborate the victim’s account of the event and the resulting damages.
  • Detrimental evidence: Conversely, posts that depict physical activity or a high quality of life post-accident can undermine claims of severe injury or emotional distress.

Given its dual potential to support or counteract claims, it is important for individuals involved in personal injury cases to manage their social media presence carefully.

Is social media evidence admissible in Texas courts?

In Texas, as in many other jurisdictions, not all social media content is admissible in court. The admissibility of such evidence is subject to specific legal criteria which generally include a review of the following:

  • Relevance: The evidence must be directly relevant to the case.
  • Authenticity: The party presenting the evidence must prove that it is genuine and not altered.
  • No violation of privacy laws: The evidence must be obtained in a way that does not infringe on privacy rights as defined by law.

There are many types of software that can help sort through postings for specific evidence. The actual process can take time, but it is important that anyone moving forward with a personal injury claim is aware of this possibility and manages their accounts with this in mind.

Can I use social media if I have a personal injury case?

It is possible to continue to use social media while moving forward with a personal injury case but do so wisely. Be sure to limit postings and refrain from discussing anything related to the case. It is also a good idea to enhance privacy settings to limit who can see your content and who can post to your profile. Always remember that in the age of digital information, a simple post can have lasting legal consequences.

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