Brett Chase Bruggeman

Social Media in Personal Injury Cases: Challenges, Opportunities, and Ethical Dilemmas

In an era where social media platforms like Facebook, Instagram, Twitter, and TikTok
are integral to daily life, the influence of these networks extends into legal contexts, including
personal injury litigation. My studies in business law have provided insights into the legal
complexities of digital evidence, while my focus on human resource management has
underscored the importance of ethical considerations and protecting individuals’ rights. Social
media posts, photos, and comments now play a critical role in personal injury cases, offering
both opportunities and challenges for establishing liability, causation, and damages. As more
people share their lives online, legal professionals are increasingly integrating social media
content as evidence. However, this trend also raises questions about privacy, authenticity, and
the ethics of using personal posts in legal proceedings.

From a legal perspective, my business law studies have highlighted the multifaceted
challenges associated with digital evidence, especially social media. Privacy concerns are
paramount, as social media content often feels private to users despite its public availability. This
gap between perception and reality complicates the use of personal posts in court and may lead
individuals to view such evidence as an invasion of privacy.

Another significant challenge is ensuring the authenticity of evidence. In personal injury
cases, social media content must be verified to avoid presenting manipulated or misleading
information. Authentication is especially important in digital contexts, where images and text can
be edited or staged. Additionally, admissibility standards are stringent, as digital evidence must
meet specific criteria under the law to be used in court. As I have learned through my business
law coursework, courts often exclude evidence that is overly prejudicial or irrelevant, which can
undermine cases that depend heavily on social media content.

While social media evidence presents challenges, it also offers unique opportunities in
personal injury litigation. Social media posts can serve as powerful, real-time documentation of
injuries or the conditions surrounding an accident, often providing visual proof that traditional
evidence may lack. For instance, photos posted shortly after an accident can capture the physical
damage, timestamping the incident and providing reliable documentation.

Social media content can also help establish liability by revealing admissions of fault or
instances of negligence. My background in human resource management has taught me the
importance of accurate documentation in professional settings, and this principle applies equally
to personal injury cases where comprehensive evidence can make a significant difference.

Numerous legal precedents illustrate the impact of social media evidence on personal
injury cases. In Romano v. Steelcase Inc. (2010), the court ruled that social media content, even
on private profiles, could be used in discovery if relevant to the case. The plaintiff’s social media
activity contradicted her claim of physical limitations, influencing the case’s outcome.

In Allied Concrete Co. v. Lester (2013), a wrongful death case involved the deletion of
Facebook posts. Here, the court viewed the deletion as evidence of spoliation and imposed
sanctions on both the plaintiff and his attorney.

The use of social media evidence raises ethical concerns that are particularly relevant to
both human resource management and law. Privacy invasion is a prominent issue, as attorneys
must balance their duty to represent clients with respecting the opposing party’s privacy rights.

In addition, attorneys must gather evidence ethically, which includes refraining from
advising clients to alter or delete online content once litigation begins.

Looking ahead, social media’s role in personal injury litigation will likely continue to
grow as digital platforms become more ingrained in daily life. Advances in technology, such as
AI-driven analytics and machine learning, may enhance the ability to analyze social media data
quickly and accurately.

The legal field may also see an increase in cases involving digital evidence and privacy,
prompting further refinement of legal standards.

Social media is a powerful tool in personal injury litigation, offering evidence that can
strengthen cases through documentation, accountability, and transparency. However, the use of
social media evidence presents challenges, including privacy concerns, admissibility issues, and
ethical considerations.

Bibliography

Allied Concrete Co. v. Lester, 736 S.E.2d 699 (Va. 2013).

American Bar Association. (2022). Social media and personal injury cases: Ethical
considerations and challenges. Retrieved from https://www.americanbar.org/

Federal Rules of Evidence. (2022). Guidelines for the admissibility of digital and social
media evidence. Retrieved from https://www.federalrulesofevidence.org/

National Highway Traffic Safety Administration. (2021). Event data recorders: Data
collection and interpretation in crash investigations. Retrieved from https://www.nhtsa.gov/

Romano v. Steelcase Inc., 907 N.Y.S.2d 650 (N.Y. Sup. Ct. 2010).

Smith, J. (2023). The ethics of using social media in litigation: Balancing privacy and evidence.
Journal of Legal Ethics, 45(3), 105-116.

Stein, A. (2023). Privacy, digital evidence, and the challenges of social media in personal
injury law. Global Legal Perspectives, 15(2), 89-97.

Thomas, E. (2023). Understanding social media’s role in personal injury litigation: Case
studies and ethical issues. Journal of Digital Law, 18(4), 220-235.

U.S. Copyright Office. (2022). Digital Millennium Copyright Act: Summary and
guidelines. Retrieved from https://www.copyright.gov/