Social media is often where people share their daily lives, but those posts can also end up as evidence in legal cases. Attorneys can use social media surveillance to uncover the truth. Whether it’s exposing fraudulent claims, verifying alibis, or challenging misleading testimony, what people post online can make a major difference in legal proceedings.
Identifying Inconsistencies Through Social Media
People involved in lawsuits, especially personal injury and workers’ compensation cases, sometimes claim they are unable to work or perform daily activities. However, their social media profiles might tell a different story. An insurance company might see a claimant posting vacation photos while they claim to be bedridden. A personal injury attorney might find a defendant bragging about an incident they said never happened. Social media surveillance helps uncover these inconsistencies, providing a more accurate picture of events.
Courts have accepted social media evidence in many cases, as long as it is obtained legally. Public posts, comments, and even photos shared by others can be used. However, attorneys cannot use deceptive tactics to access private accounts. Courts also require proof that the person posting is actually the one who wrote the content.
What Can and Can’t Be Used in Court
Not everything from social media is admissible in court. The key factors are authenticity, relevance, and how the evidence was obtained.
Public vs. Private Information
Anything posted publicly on social media is fair game. A Facebook post, Instagram story, or TikTok video that is visible to the public can be saved and presented in court. If a post is later deleted, screenshots and archived versions may still be used. Private messages and restricted content require legal access. Attorneys cannot create fake profiles or trick someone into granting access. However, courts can issue subpoenas for social media records if there is a valid reason.
Metadata and Deleted Posts
Metadata from social media posts can provide timestamps, locations, and other useful details. Even if someone deletes a post, forensic experts can sometimes recover it. However, courts require proof that the content is genuine and has not been altered.
Context Matters
A single post does not always tell the full story. A picture of someone lifting a heavy box might seem to contradict their injury claim, but it does not prove they are pain-free. Attorneys must connect social media evidence to other facts in the case.
How Social Media Can Change the Outcome of a Legal Case
Attorneys and investigators frequently use social media to verify claims, challenge testimony, and expose fraud. Below are hypothetical scenarios that reflect real-world cases where social media evidence has played a key role.
The “Injured” Athlete
Imagine a woman filing a lawsuit against a company, claiming a serious back injury from a slip-and-fall accident. She states she is unable to work, exercise, or participate in daily activities. However, her Instagram profile tells a different story. Recent videos show her weightlifting, running marathons, and even rock climbing—all after the date of her alleged injury.
Her social media activity contradicts her claim, and her posts become key evidence in court. The case is dismissed, preventing a fraudulent settlement, and the company avoids liability.
Workers’ Compensation Fraud Uncovered
A man applies for workers’ compensation benefits, claiming a job-related injury has left him unable to perform physical tasks. Yet, his Facebook profile shows something different. Just days after filing his claim, he shares photos of himself playing in a recreational basketball league.
Investigators present the evidence, and the insurance company denies his claim. His employer also uses the social media posts to challenge his credibility, leading to further consequences.
Social Media in Criminal Investigations
A suspect in a robbery claims they were home at the time of the crime. However, their Snapchat location data places them near the crime scene at the exact time the incident occurred. Investigators retrieve geotagged posts showing the suspect in the area, and prosecutors present this evidence in court. The social media data directly contradicts the alibi, leading to a conviction. This scenario highlights how digital footprints can be just as important as physical evidence in criminal cases.
Why Attorneys Rely on Social Media Surveillance
Social media surveillance has become standard practice in legal cases. People often share more online than they realize, making it a valuable source of information. Attorneys use it to fact-check testimonies, and insurance companies use it to prevent fraud. With courts recognizing social media as legitimate evidence, ignoring it can mean missing key details. Whether investigating a personal injury claim, a workers’ compensation case, or a criminal defense, social media can provide critical information.
Need Strong Evidence? Start with Social Media
If you are handling a legal case, don’t overlook social media. The right evidence can make or break a claim. ClaimScout can be your online eyes and ears. Using our proprietary methodology, Magna Legal can monitor a person’s internet activity to determine how it meshes with his/her claim. Contact us today to learn how our social media surveillance services can help.