Social Media May Come Back to Haunt You

Although some may not realize, one's social media presence can affect their legal status and their case. Online posts can be used against you in court, and even turn the case in favor of your opponent.

For example, let's say that you have an injury preventing you from working at your usual employment. If you post a picture of yourself working out at a gym, the defendant's insurance company will use these posts to try to prove that you are not injured enough to be disabled from working. Such posts may be used by an opposing attorney to claim that you should be working even though the actual gym action could have been prescribed by your doctor to help the rehabilitation process. In a recent court case, Largent v Reed, the plaintiff claimed she was injured to the extent to where she was left with severe mental and physical injuries. However, when the defendants scrolled through her Facebook account, they saw pictures of her working out at her gym. The defendants inevitably used this against her to win the case. Many people believe that it should be illegal to use private posts to determine the outcome of a court ruling. However, when it comes down to it, everything you post online can be used under any circumstances in a courtroom.

With this in mind, here are a few helpful tips for when you are facing a legal issue: refrain from posting anything; do not allow your friends to post any pictures of you; and use common sense in reference to other social media activity. In any scenario, if you think a post can be used as evidence against you, simply refrain from posting it.

Michael Calano