Defense Seeks Social Media Evidence in Personal Injury Lawsuit
Social media evidence in personal injury lawsuits provide critical data points for legal strategy and case outcomes. Learn how SMI Aware was able to support this case with comprehensive searches and compliant evidence collection.
Market: Legal
Client: Regional Law Firm
Service: Social Media Investigation, Preservation, Litigation Support, Expert Witness
Challenge
A regional law firm in the Pacific Northwest was preparing for trial in a personal injury lawsuit stemming from a traffic accident involving their client, a commercial vehicle insurer.
The plaintiff claimed the accident left them unable to work, travel, or maintain an active lifestyle, and their attorneys were demanding a $1 million settlement.
However, the defense team suspected inconsistencies in the plaintiff’s story. They engaged SMI Aware to conduct a social media investigation that could uncover evidence to challenge the plaintiff’s claims.
Solution
Investigation
Despite the plaintiff’s attempt to hide behind an alias, SMI Aware’s analysts identified their Facebook and Instagram accounts. The investigation revealed key evidence that undermined the plaintiff’s assertions, including:
- Check-ins from multiple destinations during a recent vacation — challenging the claim of being unable to travel.
- Photos of the plaintiff and witnesses (who had previously testified to the plaintiff’s physical limitations) enjoying a group hike, directly contradicting sworn statements.
- Images showing drug use and other activities that could explain employment struggles, unrelated to the accident.
Our team promptly preserved all relevant social media content using proprietary technology, ensuring the evidence was securely stored. This fast action proved critical, as the plaintiff deleted their Facebook account and set Instagram to private just weeks before trial.
Litigation Support
As the trial approached, the law firm requested additional help from SMI Aware, including expert witness testimony, their first time introducing social media evidence in court.
During exhibit preparation, our analysts discovered that key metadata had been stripped by a third-party litigation support team. We worked closely with the coordinator to restore the necessary data, ensuring the evidence met court standards for admissibility.
Outcome
he social media evidence became the cornerstone of the defense’s case. When confronted, the plaintiff admitted the authenticity of the posts, allowing the defense to dismantle their claims.
The result?
- No $1 million payout.
- Case dismissed.
Thanks to SMI Aware’s comprehensive investigation and litigation support, the defense avoided a costly settlement — and set a strong precedent for using social media evidence in future cases.
Learn More
Ready to start integrating SMI Aware’s comprehensive reports into your civil litigation lawsuits? Please contact us or call (888) 299-9921 and one of our representatives will gladly assist you.
Featured image taken by Galen Crout via Unsplash
