Can My Facebook Posts Come into Evidence in a Las Vegas Personal Injury Case?



The internet and social media have changed the way in which we interact with one another. This is having a spill-over effect in personal injury cases. We all know that the use of social media sites such as Facebook are relatively new. In the one hundred year history of people making claims of personal injury in Nevada, social networking sites were not something your personal injury attorney had to deal with. The question is now what is the scope of use of social media sites after being involved in a car accident?


It may surprise you, but when you make a personal injury claim, the at-fault party may try to find out everything there is about you. This includes any and all information online. They will look at sites such as LinkedIn and Facebook. In addition to just looking at the sites, they will try to get this information into evidence.

What if all of your Facebook information is private? The short answer is that is does NOT matter. What does this usually mean? That the court will require you to turn over all of your social media posts from the time of the car accident to the present time. The court will then review the posts and determine what the other side can use in its case. This may include any posts relating to the accident at issue as well as your physical activities and your physical condition. 

What is the safest course of action after you are involved in a car accident? Do not post anything online until your case is resolved. If you must post, refrain from posting anything that involves the accident at issue, your physical activities and your physical condition.
 
It is important to note that this is young and developing field of law. The court’s decision may change and the Nevada Supreme Court could weigh in on what is going on in the trial court level.
 
Next time, we will discuss if you need to sign documents in the presence of a notary.

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