Judge Orders Access to Instagram Account in Personal Injury Case

May 15,2018

Could something you post on your personal social media account affect your personal injury case? That is exactly what is being discussed in a car accident case in Monroe County, Pennsylvania. Monroe County Court of Common Pleas Judge David J. Williamson has granted the defense access to plaintiff Catherine Kelter’s Instagram account in order to verify her injuries.

Kelter had a public Instagram account, but she switched it to private after specific posts she created were brought up by the defense. The posts in question include images of Kelter shoveling snow and going to the gym. The defense has called into question the severity of her injuries, in light of the photos.

Is There Such a Thing as Online Privacy?

What about the issue of privacy? Judge Williamson stated that, “Arguably, there does not even appear to be an expectation of privacy on social media as it relates to litigation because the account holder is sharing information with others in a public or quasi-public domain.”

Whether or not one agrees with this statement or the decision made, this is an important lesson for anyone filing a personal injury claim. Anything you share online, even if it does not seem very relevant, can be used against you by the defense. It can be misinterpreted or pulled out of context, and it can seriously affect your case. Avoid posting anything about your case to social media, even if you have your profiles set to private.

“Plaintiffs always need to keep in mind that the information they share online can be used against them in their case,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured in an auto accident and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, El Centro, and Yucca Valley, and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.