Don’t Let Your Social Media Work Against You

Every day, people post updates about their lives on social media – in pictures, in videos and in words.  While social media can be a helpful tool to keep people connected and involved in one another’s lives, it is also a treasure trove of information for eager defense attorneys, anxious to mine it for evidence about a plaintiff’s claims and their injuries.  

If you have been involved in an accident or have been injured and are considering filing a lawsuit, there are a few steps you can take to protect your social media presence.  

First, ensure that your social media accounts are set to private.  This does not mean that the Defendants in any litigation will be unable to access your social media accounts in the future; this does, however, stop Defendants, defense attorneys and their investigators from looking at your account without your knowledge.  

Next, do not post about your claim or lawsuit on your social media platforms.  Once something is posted it cannot be deleted.  Your posts, texts, or pictures may be requested by the defense in an attempt to defeat or limit the value of your case.

Here is an example of how a social media post can be used against you.  You were involved in a car accident, and you claim a back injury that is causing walking difficulties.  Six months after your accident, you post photos of yourself on a hike with friends.  The defense will use that photo to show that you have no trouble walking or engaging in strenuous activities.  The truth may be that you have good days and bad days, and the hike you went on that Saturday left you in bed for days, but the picture you posted doesn’t tell that story.  

Social media can also be used against you on claims for emotional distress and pain and suffering.  Here is an example.  You are involved in a product liability claim where a defective piece of equipment at your work caused an accident.  As a result, you have been taken out of your job and require extensive medical care.  In addition to all of the physical injuries you sustained, you have also developed depression over your situation.  One day, in a moment of frustration, you post on social media about all of the things in your life that are upsetting you, including being out of work from your accident.  Also included in that list are family conflicts, relationship issues, and other things that are not related to your claim.  A defense attorney may use this information to argue that your emotional distress is mostly about issues unrelated to your accident.

So, when in doubt – leave it out!  It is always best to err on the side of caution and limit your social media activity when you are bringing a claim – either before a lawsuit is filed and, of course, once you are actively involved in litigation.  

Being selective about your social media activity does not mean that you hide the reality of injuries and damages during litigation.  Being honest about your injuries and the impact that they have on your life – physical, psychological, and emotional – is critical to the success of your litigation.  By wisely limiting your social media activity, you are helping to ensure that the truth – and not a version created by one picture or one post – is communicated to the jury.

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