Blog

Social media and email communication are a staple for most people who more often than not use them to stay in touch with loved ones. It’s easy to think that one’s  email inbox, Facebook, Instagram or Twitter pages are harmless fun until they are not. If you’re looking to recover compensation after you’ve been injured, the thought of whether your email information or social media will be used against you by parties looking to either whittle down or deny your claim will consume you if you don’t know exactly what the law states regarding the usage of such evidence in injury cases.

Are you looking for a personal injury attorney in Chicago? Please call our Illinois injury law firm NOW at 1 (773) 825-3547 for more information on how the courts use your social media should you be the victim of a car accident or any other event that wasn’t your fault. We have a team of aggressive and friendly attorneys who will provide a free initial consultation to help you get started with your case. Benefit from our 70+ years of our combined experience: call 1 (773) 825-3547 NOW and speak with a Chicago personal injury lawyer for free.

2016 Illinois Court Case Sets a Precedent  

In 2016, the Second District Appellate Court of Illinois heard a case where plaintiff was being asked to provide information contained in their computer for the purposes of advancing the suit. The case in question was Carlson v. Jerousek, heard by Justice Schostick, and it changed the landscape when it came to what kind of information was admissible in a court of law as far as electronic information is concerned. The defendant, Jerousek, instructed his attorneys to ask the court to make it possible for counsel to gain access to the plaintiff’s computers for the purposes of imaging. Carleson refused to comply, thereby causing the court to hold him in contempt, to which he appealed.

Abuse of Discretion

The Second District appellate court heard the case and came to the conclusion that the trial court had engaged in “abuse of discretion”. The Judge ruled that Jerousek had no right to gain access to computer information in the form of digital imaging, as well as access the plaintiff’s computer under any circumstance.

Why Did The Appellate Court Rule in This Manner?

The appellate court based its ruling off the fact that the discovery process was traditionally used to gain information via making a formal request to the other party without them handing over devices or files. The advent of the information age shouldn’t therefore be a justification for any parties to request this information by asking the other party to provide them with physical access to information portals, so to speak. That being said, there are exceptions to this precedential ruling, and that is if the other party has engaged in repeated instances of mischief or misbehavior during the discovery process, and if the use of a certain electronic device is deemed to specifically be at issue.

Chicago Injury Lawyers – Call Us Now!

Are you looking for more information regarding how social media and email information may impact your Chicago personal injury claim? Call us NOW at 1 (773) 825-3547 and speak with an attorney to get free information on this and other vital Illinois personal injury law concerns. Thanks, and we look forward to hearing from you.