Even one social media post can work against you in a personal injury case. Insurance companies and defense lawyers routinely search online activity for evidence they can use to weaken your claim. One of our personal injury attorneys in Dover, NH or beyond can help you protect your rights and avoid the social media mistakes that could jeopardize your claim.
How can the other party use my social media against me?
The defense can request access to your social media accounts during the discovery process if the content is relevant to your personal injury case. Content like photos and messages may be admissible evidence when they relate to your injury. This applies to platforms like Facebook, Instagram, TikTok, and LinkedIn. In some cases, even “anonymous” sites like Reddit or Discord can be checked if identifying information or relevant content can be obtained through a subpoena.
Social media posts can easily be taken out of context. For example, a simple picture of you walking your dog without visible medical support could be used to suggest you’re no longer in pain or limited by your injuries.
Defense attorneys are often creative in how they use social media against plaintiffs, which is why most personal injury lawyers recommend staying off social media until your case is resolved.
Social media management and your personal injury claim
If you can’t stay off social media entirely, follow this cheat sheet for what to post—and not to post—online.
- Do not post or comment about the accident or the personal injury claim process. Even a minor update of what you consider good news can be twisted by the defense. Plaintiffs who overshare could get in trouble with the judge if they are posting while the trial is underway.
- Avoid posting pictures, even older ones, until after the case is over. Be assured that the defense will find the worst possible way to interpret what you post.
- Do not interact with the defendant or any other party affiliated with them. Don’t respond, don’t make your own post to “clear things up,” and avoid posting indirect or suggestive comments about the case or the people involved.
- Do not accept any new friend requests or followers from people you don’t personally know once you file the lawsuit. Insurance companies and defense lawyers often have investigators pose as “new friends” to gain access to accounts set to private.
- Be wary of cold emails asking for personal information, or even emails that appear legitimate, such as those from a lawyer’s office or insurance company. Forward any communication about your case to your attorney and let them handle it.
- Even if your profile is set to private, older posts, tagged photos, or public comments may still be visible. Review your privacy settings and remove any content that could be misinterpreted.
Ask your friends and family to avoid mentioning the case, too, and let them know you’re taking a break from social media until your case is resolved. When in doubt, share updates privately with your attorney instead of online. They can help you understand how a post or comment might impact your personal injury case.
Legal advice to help you manage your social media activity while your case is pending
If you’ve been hurt in an accident and are planning to file a personal injury claim for damages, what you do out of court can be just as helpful or damaging as what you and your attorney do in court. Your social media posts can and will be used against you in court by the other side.
Our experienced personal injury attorneys handle all types of personal injury claims, from car crashes to medical malpractice. Shaheen & Gordon offers a free case review for new clients, which you can request online or by calling (800) 451-1002. We handle all the legal matters necessary to advance a client’s claim and can provide personalized advice for managing your social media presence.
