Are Your Facebook Posters Open to Discovery in A Personal Injury Case? - Wilkes-Barre, Scranton Personal Injury Lawyers

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Are Your Facebook Posters Open to Discovery in A Personal Injury Case?

Social media such as facebook, Twitter and MySpace have become more and more prevalent in our everyday lives over the past several years.  If you are involved in an accident and make a claim for damages against a responsible party, your posts on these services may be open to discovery by the opposing party.  Often, counsel for the opposing party will request that you provide access to your social media account so that they can review the contents, including photographs, to determine if there is anything relevant to the claim posted on the website.  Typically, counsel for the responsible party will be looking for information or photos which reflect activities that you are able to perform, and may try to impeach you if you claim that your injuries limit or preclude your activities.  Several Pennsylvania courts have addressed the issue of whether access to social media websites must be permitted.  Most courts have permitted the discovery of social media postings.  See, e.g., McMillen v. Hummingbird Speedway, Inc., (Jefferson Cty. C.C.P.); Zimmerman v. Weis Markets Inc., (Northumberland Cty. C.C.P.).  As the information that you post on a social media website may be discoverable and may ultimately be used to impeach your claim, it is important to avoid posting anything that may be perceived as inconsistent with your claim.

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