The Issue of Interpreting Emojis as Evidence in Court Cases

At Silverman, McDonald, & Friedman, we take on the most complex injury claims for clients, serving Wilmington, Seaford, Newark, and other parts of Delaware. If you have suffered an injury due to someone else’s negligence, contact us today for the legal help you need.

There are many places attorneys find evidence for personal injury cases. Eyewitness statements, photographs from the scene, and police reports all figure into a case. However, one form of evidence that is showing up increasingly in the courtroom is social media.

As each year passes, emojis are appearing in court cases as evidence on a more frequent basis. The mention of emoticons and emojis in U.S. court opinions rose exponentially between 2004 and 2019, with more than 30 percent of all cases occurring in 2018. This is according to Eric Goldman, Santa Clara University law professor, who has tracked these occurrences. Thus far, these modern elements of social media language have rarely carried enough weight to sway the outcome of a case, but as their use continues to grow, interpreting what they mean could present a growing challenge for courts.

The ways in which emojis are depicted on various platforms can also present a difficult issue in judicial determinations. Emojis are designed differently between different smartphone platforms. For example, a gritting teeth emoji may appear to express one emotion to one person and a different emotion to another.

Example of emojis influencing a personal injury case

For example, let us assume you suffered injuries in a car accident and experienced trauma in the emotional sense that rivals or surpasses your physical injuries. Let us also assume that in an effort to prevent your family or friends from worrying about you, you post a comment that you are “doing fine.” Also, in order to reinforce your state, let us assume you add one or more smiling emojis and finish off your comment by writing, “I am stronger than I appear.” You may even post a picture of yourself smiling.

In the above situation, one can easily see how an insurance company could interpret this type of post in their favor to deny you benefits, asserting that your claim of emotional suffering is not valid. Although the use of emojis in this type of example may not be the central core of the argument made by an insurance company, it could help sway their decision.

If you have sustained injuries in a car crash that was not your fault, legal remedies are available to help you recover compensation. The Delaware car accident lawyers at Silverman, McDonald & Friedman are here to help you obtain the financial recovery you need for your injuries and other damages. We serve clients in Newcastle, Seaford, Wilmington, and throughout the state. To set up a free consultation about your case, call us today at 302-888-2900 or complete our contact form.