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It is no secret that the judicial system firmly believes that anything you do or say may be used against you in the court of law. As the world increasingly becomes a digital playground, the sentiment is starting to include anything that you might have shared or said online. A trusted personal injury attorney has devised a few tips to help you avoid posting troublesome information online.
Using Metadata in Personal Injury Disputes Personal information that is gathered from social media accounts may now be used during personal injury cases. In fact, this personal information is now being deemed as the “metadata” needed to create a location and time stamp for a user’s online activity. When obtained correctly, this metadata is now admissible in court.
An important example of using metadata during a case occurred in Frangione v Vandongen et al. In the case, the plaintiff was suing for damages caused during two separate car accidents. The defendant sought to access the plaintiff’s personal computer, as well as material on his Facebook account. The plaintiff was ordered to produce “all material contained on his Facebook website including any postings, correspondence and photographs up to and including the date that the order was issued.” The submission of this personal information resulted in viable metadata that could be used within the case.
Personal Injury Attorney Advises on Social Media Best Practices While a judge must require a proof of relevancy before a plaintiff can be ordered to submit his or her social media materials, it is important that individuals protect themselves. The following best practices should be implemented at all times:
* Remember that once something is posted, it is incredibly hard to delete from all corners of the digital world, so consider the permanency before you decide whether to post.
* Private social media accounts are still subject to search.
* All social media transactions are monitored to provide accurate time, date, and location stamps.
Concluding Thoughts If you are involved in a court dispute, then your personal injury attorney should take the time to go through your social media accounts to find any potential red flags. Above all, it is important to remember that during a court dispute you should not post new content that you might later regret. For additional advice on how metadata can be used during personal injury disputes, contact the Law Offices of Scott Warmuth via the toll-free phone number: 888-517-9888 or online.