When a large entity like a corporation, insurer or transportation company faces a personal injury lawsuit, the allegations presented in a claim do not always tell the complete story. Medical records and witness testimony are obviously important, but digital activity can provide another valuable source of evidence too.
For organizations defending against injury litigation, identifying and preserving relevant online evidence can help expose inconsistencies and provide a more complete picture of the circumstances surrounding a claim.
When might social media become important to the defense?
Social media evidence can become relevant when a claimant’s online activity conflicts with allegations made during litigation.
For example, consider a claim alleging that an accident caused severe mobility restrictions and prevented the individual from participating in normal activities. However, publicly available photographs or videos show strenuous recreation or other physical activity may warrant closer examination.
Other potentially useful information may include:
- Posts describing how the incident occurred
- Photographs showing activities inconsistent with alleged restrictions
- Comments concerning employment or ability to work
- Location information relevant to the litigation
- Statements about recovery or physical capabilities
Because a single post rarely resolves a case, it is crucial to have the context to help establish someone’s physical condition. To further strengthen the photographic or video evidence, admissible evidence such as medical documentation, deposition testimony and employment records can be used.
Social media can help evaluate damages and credibility
For companies defending high-value claims, damages can represent a substantial portion of potential exposure. Allegations may include:
- Lost earnings
- Diminished earning capacity
- Ongoing medical expenses
- Long-term physical limitations
Online activity that materially conflicts with those allegations can provide grounds for further investigation. For example, posts suggesting continued work activity could become relevant when evaluating a lost-income claim.
Careful analysis of digital activity with the help of a legal team can potentially uncover weaknesses in allegations, clarify potential exposure and support a more informed defense strategy.