Think Your Facebook Posts Are Safe in an Injury Case? NOT!

Court considers Facebook Post’s Impact on Discovery Rule
From The Legal Intelligencer
The Pennsylvania Supreme Court has agreed to take up the appeal of a woman who sued her doctor over an alleged misdiagnosis of her Lyme disease as multiple sclerosis. The woman’s case had been tossed out partly because of Facebook posts indicating she knew she suffered from the disease years before filing suit.

This Is A Very Important Issue in Injury Law-How much of a person’s Facebook info is the other side entitled to? Legally, I am not at all sure how the Pennsylvania Supreme Court will decide this issue.

Pittsburgh wrongful death, Facebook attorney and injury lawyer Bernie Tully thinks the court MAY address this issue as follows: the court will require some threshold showing by the defense that the sought after Facebook pictures and posts are relevant to the injury case before they allow them into evidence.

If a person’s pictures are of a family party that is not going to be available for the defense to question.

However if the injured victim is alleging his back injury is preventing him from working and the picture shows him  lifting a tire or jet skiing then the pictures will come in at trial.

Never never put a picture or make a comment on Facebook that you are not willing to justify or explain in front of a jury.

Fortunately it has not happened to Pittsburgh wrongful death, Facebook attorney and injury lawyer Bernie Tully or his clients yet.

But I know of other attorney’s clients torpedoing their case by way of social media posts.

There was actually a case a while ago in which the victim posted on social media that she expected to make a financial killing with her lawsuit. She also said on social media that she is just going to the doctors for physical therapy to increase the value of her case.

The defense got hold of that social media post. They let the woman testify on direct examination about how the accident destroyed her life. They let her say in front of the jury that she lives in constant pain. They let her say she lost her job because of the constant pain in her back.

Then it was time for the defense to question her.

They merely read the statements she made on social media back to her. Then they asked her if those were her comments.

 

Boom. She torpedoed herself and her case. The jury was out about 12 minutes before they came back with a defense verdict.

 

Could anyone possibly be surprised?

 

Thanks for reading.

Bernie the attorney.