Social Media Use and the Harm It Can Cause to an Injury Case
Published .
Posts, photographs, comments, check-ins, direct messages, and videos can become evidence in a personal-injury case. They may be used to challenge an account of the accident, physical restrictions, emotional distress, or the course of recovery. Even an innocent post can be misunderstood without context, and an inaccurate or exaggerated post can damage credibility. A person with an injury claim should assume that relevant online material may be examined during litigation.
How social media can affect the case
A photograph showing activity after an accident does not automatically disprove injury: a short outing may be consistent with pain, limitations, or medical advice. But posts may prompt questions about what the person could do, when, and for how long. Statements about the accident, symptoms, work, treatment, or daily activities may be compared with testimony, medical records, and prior statements. Public comments about a lawsuit, settlement demand, or opposing party can create additional credibility or confidentiality problems.
Relevant social-media material may be discoverable, but a request is not automatically unlimited simply because someone filed an injury claim. Discovery must be relevant and appropriately tailored to the claims and defenses. In Allen v. PPE Casino Resorts Maryland, LLC, a federal court in Maryland rejected a broad fishing expedition into social-media material while addressing claimed emotional-distress damages. Privacy settings do not create a blanket privilege, but they also do not erase the rules limiting discovery.
Preserve evidence and avoid changing posts
Do not delete, edit, hide, or destroy potentially relevant posts, messages, photographs, videos, or account data once an accident claim or lawsuit is reasonably anticipated. Destruction or failure to preserve discoverable evidence can lead to disputes over spoliation, and a court may allow an unfavorable inference or other remedy depending on the evidence, intent, timing, and resulting prejudice. Maryland appellate decisions explain that spoliation remedies are fact-specific; deletion does not automatically decide the case. Preserve the original material and promptly ask counsel how to handle it.
Evidence must be authenticated
A screenshot is not self-proving. Before social-media evidence can be admitted, the proponent must provide evidence sufficient for a reasonable juror to find that it is what the proponent claims. Maryland decisions identify possible ways to authenticate a post, including testimony from someone with knowledge, evidence from the device used to create it, distinctive contextual details, or records from the platform. The inquiry depends on the specific record.
Practical guidance during a claim
Tell your lawyer about relevant accounts and posts, including material that may seem unfavorable. Do not post about the accident, injuries, treatment, claim, settlement, or litigation; do not ask friends or family to post or remove material for you; and do not accept or send new connection requests from people who may be investigating the claim without first discussing the situation with counsel. Keep potentially relevant content intact, maintain any preservation instructions, and follow counsel’s advice about responding truthfully to discovery requests. Never make false statements or alter evidence to make a case look stronger.
Related Maryland Cases and Authorities
Md. Rules 5-901 and 2-402; Allen v. PPE Casino Resorts Maryland, LLC, No. 20-cv-3269 (D. Md. Feb. 22, 2021); Webb v. Giant of Maryland, LLC, 477 Md. 121, 266 A.3d 1048 (2021); Irwin Industrial Tool Co. v. Pifer, 478 Md. 645, 274 A.3d 279 (2022).