Don’t Share It, Keep It To Yourself: Social Media and the Personal Injury Lawsuit

Among the most important parts of any personal injury or medical malpractice case is the “discovery” process.  “Discovery” refers to the exchange of information relevant to the claims in the case between the parties.  The discovery process is how the evidence that will be used at trial is created. Among the evidence that can be – and quite often is – turned over in the discovery process and used at trial are photographs of the plaintiff’s condition after an accident, including those posted to a privatized social media account.  These photographs can be used by the plaintiff to impress upon the jury the devastating impact of their injuries, thereby supporting the plaintiff’s claims of damages if they show that the plaintiff must walk with a cane or is in a wheelchair, for example.  These photographs can also be used by the defense to demonstrate that the plaintiff’s injuries are not as bad as the plaintiff…

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