Globally, we have become reliant on social media platforms. They are a source of fulfillment on many fronts, keeping us connected, informed and entertained. But they are increasingly being used for another purpose: Evidence.
This is true of course for law enforcement, combing for evidence of threats or probation violations or gang activity. However, they are also used in personal injury lawsuits, which is why it has become more and more prevalent to our practice.
On one hand, social media can be a benefit. For example, let’s say an at-fault truck driver was believed to have been playing around on Snapchat, got distracted and caused the crash. That digital evidence can be used to our client’s advantage to prove not only negligence, but perhaps gross negligence warranting punitive damages. On the other hand, social media has become something of a burden as well because defendants – particularly insurance companies – comb these platforms for any evidence that might help them dispute causation or the extent of damages. Continue reading