The increasing reliance on technology and use of social media in today's society creates a new frontier of discovery and evidence in personal injury lawsuits. The ability to post and communicate about one's daily activities provides a platform for defendants to assess the veracity of a plaintiff's claims. The question for a court is ultimately to what extent defendants should be allowed to delve into a plaintiff's social media activity in an effort to obtain relevant evidence.
To no ones surprise, the impact of social media has reached an all time peak in our current generation. Publicizing your personal life can make you feel connected to a larger community, but such easy, casual connection in an electronic environment can also have its downside. This is especially true in the conduct of personal injury litigation. What may seem an innocuous Facebook, Instagram, or Twitter post may erode the strength of your case and the claims for pain and suffering.