The issue of the admissibility of social media posts is in Virginia personal injury cases has recently become a hot topic. Across the country, courts have come up with different methods of handling this sensitive information. Earlier this month, an appellate court issued a written opinion in a personal injury case presenting the court with the opportunity to discuss whether a plaintiff’s private social media account should be made available to the defendant.
The plaintiff sustained a serious brain injury after falling off a horse that was owned by the defendant. As a result of the fall, the plaintiff claimed that her active lifestyle was curtailed, due to the limitations from which she now suffered. As evidence of these limitations, the plaintiff explained that she used to be very active on social media, but she closed her account six months after the accident because she was having a difficult time composing messages and writing posts.
After hearing this, the defendant sought access to the plaintiff’s private Facebook account. The defendant did not request access to the entire Facebook, just pictures from before and after the accident, as well as the length of the messages the plaintiff sent after the accident. Apparently, the defendant wanted to see if the plaintiff’s claims that she could not effectively compose messages were verifiable.