Traumatic brain injury (TBI) claims in Virginia have become more complex in recent years due to the prevalence of social media. Plaintiffs’ social media posts and activity are being used by defense attorneys to challenge the validity and extent of TBIs. At the same time, plaintiffs’ attorneys are also utilizing social media to support TBI claims. This article explores how social media is impacting TBI claims in Virginia.
Social Media Use on the Rise
Social media usage has exploded over the last decade. Popular platforms like Facebook, X, Instagram, TikTok, and YouTube are used by billions of people worldwide. In 2021, over 80% of adults in the United States reported using some type of social media. This widespread usage has spilled over into TBI claims in Virginia.
Plaintiffs alleged to have suffered a TBI will likely have a significant social media history spanning before and after their injury. Their posts, photos, videos, and other online activity can be scrutinized by defense attorneys looking for evidence that contradicts or undermines claims of disabling injury.
Social Media Evidence in Discovery
During the discovery phase of litigation, defendants will commonly request access to a plaintiff’s social media accounts and history. This includes revealing usernames and passwords to private pages. While plaintiffs can object to these broad requests, judges often compel plaintiffs to turn over their social media records.
Defense attorneys then comb through this content looking for evidence of activities that suggest the plaintiff has greater functioning ability than alleged. Examples may include:
- Posts of the plaintiff doing physical activities like sports, exercise, travel, etc.
- Evidence the plaintiff has held employment during the claimed disability period
- Photos and videos showing the plaintiff at parties, concerts, crowded events, etc.
- Posts made shortly after the incident that are uncharacteristic of someone with a severe TBI
- Evidence the plaintiff misrepresented their pre-injury functioning and abilities
All of these examples have been used by defense attorneys to undermine TBI claims in Virginia and reduce settlement values.
Authenticating Social Media Evidence
While social media evidence can be useful for the defense, plaintiffs’ attorneys caution that not everything posted online may be authentic. Photos and posts can be fabricated, altered, or misrepresented.
To use social media evidence at trial in Virginia, a proper foundation must be laid to authenticate it. This may require testimony from the person who downloaded the social media history, as well as verification from the site provider. Lawyers have to consider issues like:
- Verifying the correct user account
- Confirming posts were not edited or digitally altered
- Proving continuity of metadata and timestamps
- Ruling out false or unauthorized access
Laying this groundwork for admission allows social media evidence to withstand scrutiny at trial.
Social Media Used by Plaintiff Attorneys
While social media poses risks for TBI plaintiffs, it also provides opportunities for supporting claims when used properly. Through their own forensic analysis of accounts, plaintiff attorneys can utilize social media to demonstrate:
- A drop off in online activity and social connections after the TBI occurred
- Fewer posts about being active, working, or in social settings
- Complaints about medical issues, pain, depression, memory problems, etc.
- Personality and behavior changes compared to pre-injury
- Supportive posts from friends and family commenting on the plaintiff’s struggles
By selectively using plaintiff social media history, lawyers can reinforce opinions from medical experts and witnesses. It provides a longitudinal narrative that complements a claim of disabling injury.
Changing Digital Landscape
As new social media platforms and technology emerge, their impact on TBI claims will continue to evolve. Lawyers in Virginia need to stay up to date on digital trends and how online activity intersects with injury litigation. Some key areas to watch are:
- Use of disappearing content like Snapchat stories or Instagram Stories, which can frustrate discovery efforts
- Growing use of private communication apps like WhatsApp or Telegram
- Encrypted messaging that cannot be easily accessed
- Virtual reality spaces like Meta Horizon that may contain relevant user interactions
Overall, social media will continue to play a prominent role in TBI claims in Virginia for the foreseeable future. Plaintiffs and defendants must be diligent in using it to their advantage while mitigating risks.
Consult an Experienced Virginia TBI Attorney
The impact of social media evidence in your TBI claim should be assessed early. Contact us at Monge & Associates for a free consultation. With 32 offices in 19 states, including Virginia, Illinois, and Washington, our attorneys have extensive experience handling complex TBI claims involving social media discovery and litigation. Call us at (888) 477-0597 to protect your rights and maximize your claim value.