How Does Social Media Affect Your Case?

By Patrick Rocca | October 25, 2016

In this technological age, it’s common to regularly post on social media platforms regarding our activities and other aspects of our lives. Profiles across Twitter, Facebook, Snapchat, Instagram and others proudly display photos, videos and status updates of our daily lives and experiences. Unfortunately, sometimes these social media posts can have adverse effects.

If you’ve sustained an injury and are involved in a law suit in attempting to recover from your losses, your social media presence is fair game in the courtroom. Courts and lawyers have realized the proof potential inherent in social media activity. Adverse parties are regularly allowed access to social media profiles and those posts can now be presented as evidence in court to support, or refute, a case.

Our experienced team shares some of the most important facts when it comes to your use of social media when involved in a personal injury case:

Don’t post about the case

It’s never smart to post about anything relating to your case on social media. We’ve seen incidents of clients claiming injury that then post about their visit to the gym. Specifically, stay away from posting anything relating to the following:

  • Conversations you had with your lawyer
  • Any information regarding a medical treatment
  • Frustration with insurance or opposing parties
  • Email or phone exchanges with anyone involved in your case

Limit your photos, videos, check-ins and overall visibility

Until your case has been cleared, it’s best practice to limit your use of any social media platforms. Of course, if you’re claiming serious injury, posting photos of yourself doing physical activity can raise serious doubt regarding your injuries and can seriously hurt your case. However, even seemingly innocent posts can cause you problems. For example, if you regularly check in at restaurants, parties or other events, it can cause doubt on your claims of loss of enjoyment of life, pain and suffering or emotional distress- especially if you appear to be living life regularly. Another tip: ask your friends not to tag you in photos or check-ins as well.

Avoid new online connections

Insurance companies or opposing parties will often have individuals request a connect on social media for free access to your photos, information and whereabouts (i.e. proof). Best practice is to not accept new requests unless you really know the person who is adding you.

If you’ve sustained a personal injury and want to discuss a potential case with an experienced team, click here.