Be Careful What You Post On Facebook Or Other Social Networking Sites – A Secret Weapon In Litigation
As an experienced Philadelphia personal injury lawyer, Facebook, Myspace and Twitter have become valuable mining grounds for information on individuals and parties involved in lawsuits. Whatever you post on the Internet can be pulled up later in life and used in discovery and court proceedings.
Almost always in the preparation of one of our cases, we do a complete Internet search background on witnesses, parties and even lawyers involved in the case to determine more about their personalities, strengths and weaknesses. Many of the web-based information sites set forth their terms indicating that they have the right to do whatever they want with your content. Therefore, it is important to check the terms of service with the social networking site of your choice to determine what rights you have. Some of the sites state that once a person closed his or her account, the site no longer had a right to that content. However, it may no longer be the case.
In many cases, Facebook or other social networking sites may not be your friend in the personal injury case. Not only are the plaintiff’s attorneys viewing what you set forth on your page, but just consider this – all the defense companies, insurance companies and their legal team and experts have a right to your Facebook page as well, noting vacations, activities and any other information that may affect your claim. Many people who claim to have problems with limited activity reveal evidence of themselves dancing, participating in sports or traveling. Defense companies and lawyers will use any resource that they have available to discredit you. So, be careful what you post on Facebook.
Jeffrey Reiff is the founding partner of Reiff and Bily, an experienced personal injury litigation firm based in Philadelphia, and concentrates his practice in product liability, car accidents and medical malpractice.
