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  • By: Moss Bollinger
  • Published: July 6, 2022
hand touching smartphone screen displaying social media icons - Moss Bollinger LLP

Did you know that electronic communications qualify as written material under California law? So any social media post, photo, check-in, or comment can be cited as evidence in a personal injury case.

Why Would Someone Cite my Social Media as Evidence in My Personal Injury Case?

If you are the injured party in a California personal injury case, the other party may seek to use your social media presence as evidence against you and your claim. Social media can cause a lot of damage to a California personal injury claim. Anything you post on social media (or someone else posts about you) is fair game for the other party’s legal representation or insurance company to use against you during settlement negotiations.

Potential Consequences of Social Media Activity During a Personal Injury Claim:

The other party involved in your personal injury case will seek any information they can use to:

  1. Reduce the amount of your compensation
  2. Delay the decision in your case
  3. Dismiss your compensation claim

Social Media Activity to Avoid During a Personal Injury Case:

  1. Any mention of the accident
  2. Updates or photos of injuries
  3. Sharing conversations or guidance received from your attorney
  4. Accepting friend requests from anyone you don’t know
  5. Tagging yourself in any photos, check-ins, posts, etc.

How to Handle Social Media During a Personal Injury Claim:

For most, social media is the most convenient means of letting people know what’s happening. If you or someone you love is injured in an accident, it seems like letting your loved ones know what’s happening in your life by posting on social media is the best route. It’s quicker than picking up the phone and making individual calls to provide each person with an update. But, for better or worse, it’s not that simple. Even if you have your social media set to private, investigators have methods they can use to gain access to your social media information. The best action is to avoid social media while your California personal injury case is pending.

If you are injured and need to file a California personal injury claim, you want Moss Bollinger, Sherman Oaks, California personal injury attorney, on your side. He’s dedicated to protecting and asserting the rights of his clients. Call (310) 982-2291 today for a free consultation or contact us online.

Moss Bollinger LLP - Sherman Oaks, CA

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