How to Make Sure Your Social Media Posts Don’t Ruin Your Case

In today’s world there are over 3.5 billion social media users. Some statistics say that users spend an average of 3 hours per day on social media. Most see their social media accounts as their platform to publicize their thoughts, feelings and emotions, no matter the topic. What many fail to realize is that with every character you post online, there could be consequences attached.

Your social media posts can be used as evidence against you

Your social media can be used as evidence in legal proceedings. Depending on the situation, your opinions in your posts can either hurt or help your case. Courts today are very open to admitting social media content as a form of evidence. The 39th Judicial District Court of Pennsylvania recently heard a personal injury litigation between Keith and Jennifer Largent and Jessica Reed. The Largents claimed that a recent accident had left Jennifer with severe physical and mental pain. During the course of litigation, Reed’s attorneys were able to submit evidence from Facebook where Largent was engaging in her daily life, attending classes at the gym and thoroughly enjoying her life. Presented with that evidence, the court ordered Largent to turn over access to her Facebook account for further inspection. The lesson to learn here is that nothing you share online, whether publicly or even in private messages is fully confidential. [1]

Don’t hit delete

The rules of evidence apply to social media. When you find yourself in a trial, do not delete anything on your social media accounts. Remember, that evidence is the same as any other evidence involved in your hearing. The hiding or removal of evidence is a very suspicious act in the eyes of the court and can very much damage your chances of success. While you should not delete anything from your social media accounts, you are able to adjust your privacy settings. Remember, even “permanently” deleted content can be recovered with modern technology.

Be a selective sharer

If you would not freely express your thoughts in a courtroom in front of a judge or jury, it is best not to share them on social media. Be careful what you post. Be selective in the content you share. Guard your language and be mindful that there are potential consequences to everything you hit “share” on.

Social media can be a fantastic way to keep up with friends and family. Often social media acts as the modern version of scrapbooks or photo albums. But the content shared online can also be evidence. And as such, you should treat it with caution and care.

[1] https://www.theemployerhandbook.com/files/2015/01/Largent.pdf