Deal, don’t delete.
As we have previously discussed, it is important to save everything if you believe you are going to be part of a lawsuit. This includes medical records, bills, emails, pictures, and even Facebook posts.
With social media, it is tempting to delete statuses or comments. We all say stupid things sometimes. We have all hit send or post impulsively. If you did this during a lawsuit, do not delete it; deal with it.
Don’t think you will get away with trying to hide or bury the evidence. While there is a good chance you will, if you do not get away with it, it can lead to bad consequences for your case. At KBA Attorneys, we have had cases where six-figure monetary sanctions were awarded for such behavior.
In the famous $9 billion Actos jury verdict years ago, one of the compelling pieces of evidence was the evidence that the defendant destroyed and the jury never saw. Juries may be able to infer whatever you destroyed was bad. Computer forensic experts may find it and then you have not just a bad post, but a cover-up to deal with as well.
Lawyers have to deal with bad facts all the time. Sometimes, frankly, they diminish the value of a case significantly. Those are bad outcomes, but perjury, sanctions, and losing the case all together are far worse.
So if you cursed out the defendant driver on Facebook, bragged about how much you think you’re going to get from your drug case, or otherwise emailed or posted something unflattering about your case, deal, don’t delete. Discuss the issue with your attorney.
There are ways to protect yourself proactively – like making sure your Facebook account is private and you know all your “friends” with whom you’re connected, and, explaining the emotions behind an impulsive mistake is much better than the alternative – explaining why you tried to destroy evidence.
If you have questions on a case you may have, contact us today.