Smartphone data can become a significant issue in an Illinois personal injury case. You may be hurt yet information from your device could still be used to question your account of what happened or your activity afterward.
How social media posts may be used against you
Social media activity is one of the first places insurers look. Courts often allow discovery of online content during a lawsuit even if your account is set to private. This can create several risks:
- Credibility problems: Photos or comments that seem upbeat may be used to argue your life has not changed.
- Activity concerns: Images showing physical movement may be taken out of context.
- Statements about the event: Remarks about being tired or distracted may be treated as admissions.
- Past health details: Older posts may be cited to dispute your current condition.
Insurers often argue that online activity tells a different story than what you describe.
How GPS and location data may challenge your account
Smartphones generate detailed location trails. In some cases, courts may allow access to this information if it is relevant. GPS data may verify speed, place you at a specific location or show movement patterns that do not match your stated limitations.
Illinois has strong privacy rules such as the state’s Biometric Information Privacy Act. It governs how private companies collect biometric identifiers used to unlock devices. It does not prevent a court from ordering relevant evidence in a lawsuit.
How calls, texts and app activity may create a timeline
Phone records can establish a sequence of events before an incident. Timestamps from calls, texts or app usage may be compared to the moment of the accident. Courts may treat those records as objective because they provide precise data.
How photos and videos may work for or against you
Images contain metadata that may help reconstruct the scene. They may also be used to suggest you were moving around immediately after the incident or performing activities later that do not match your stated limitations.
Steps you can take to protect your claim
You can reduce risk by taking basic precautions. Here’s what you can do:
- Limit social media: Avoid new posts.
- Keep conversations brief: Mention only that you are hurt.
- Review old posts: Look for content that may be misread.
- Set boundaries with friends: Ask them not to tag you.
- Use caution in messages: Avoid describing the event.
These steps help reduce the chance that unrelated details become part of the discussion.
When to get guidance
Smartphone evidence may help or harm an Illinois injury claim. An attorney can explain how device data may be viewed and whether any information needs to be preserved.