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Can Evidence from Social Media be used in Court?

These days, social media is hard to avoid. Social media presents an opportunity for us to share glimpses into our everyday lives, thoughts, and opinions and connect with others. However, what you post on social media is fair game as far as evidence in court. If you’re inactive litigation, it’s best to avoid posting on social media altogether, especially if you question whether or not it could work against you.

Social Media Posts as Evidence

For as long as social media has been around, it has been used in litigation. Social media often presents a wealth of evidence for legal teams, as these apps and websites have so many users who post daily. Anything you post online could be retrievable, too, even if you delete it.

Social media is something that many people consider very personal. For this reason, they may be more willing to post things that could potentially be incriminating, including content about underage drinking or sexting, drug use and possession, and destruction of property or other violence. However, anything you post on social media can be used as evidence against you in court. This evidence can also use it to argue that you have not suffered the consequences of a personal injury case. For instance, if you claim your injury left you immobile, but you post about travel and other outings, that may be used to prove that your injury was not that bad at all, and your payout could decrease.

What Should I Do if I am in an Active Case?

Of course, you should never be engaging in criminal activity. But you should also know that images posted on any social media site can be used against you in criminal and civil trials. For instance, evidence from social media has been used in divorce proceedings, personal injury cases, and more. That means you should always be careful about what you’re posting or sending through social media. It could be used against you in the future.

Contact Herrman & Herrman P.L.L.C. at 361.882.4357

Our firm is equipped with over 100 years of combined experience handling personal injury cases across Texas. Our outstanding record of favorable settlements and verdicts includes over 20,000 successfully resolved cases. Once we take on a case, we are relentless, and you can rely on us to pursue full compensation for you.

  • You can trust our attorneys to be compassionate and professional.
  • We will fight hard to obtain a fair settlement for you.
  • Our firm represents the injured and families who have lost a loved one due to others’ negligent acts.
  • We serve as counsel in a range of injury cases – including car, truck, motorcycle, bicycle, pedestrian accidents, premises liability cases, product liability cases, and medical malpractice claims.
  • We have the ability to dispatch the Herrman & Herrman Accident Investigative Team to the crash scene to start an investigation and preserve critical evidence.