Anything you post on social media can have a negative impact on your settlement or verdict if you have an ongoing personal injury claim.  As such, we suggest adhering to the following social media rules until your case has been resolved:

  • Do not discuss the case online
  • Do not provide updates on your treatment, status or condition online
  • Advise your friends and family members not to discuss your case online
  • Do not post anything related to physical activities (including travel) online

Defense lawyers and investigators will prowl your social media profiles looking for any evidence they can use to deny the extent of your injuries.  Any photo or statement you post online may be used in court by defense lawyers as evidence that your injuries are not as severe as you say.  Even the most well meaning posts can be used against you.  As such, it is best not to discuss your case online and to let your lawyers handle the business of proving your claim.

Activities best kept off social media include physical activities (such as sports, hikes, physical therapy and travel), doctors visits, meetings with your lawyer, court proceedings and out-of-court negotiations.  Any update regarding your case or your condition can be taken out of context and used to negatively impact your recovery.

You are responsible for your own posts and you are also responsible for your friends and family members’ posts.  Expect defense lawyers to prowl the social media accounts of your friends and family members for photos or mentions of you.  We suggest advising your friends and family members not to tag you in any photos or mention you in any posts which may negatively impact your case.  Social media posts which may negatively impact your case include:

  • Photos of you consuming drugs or alcohol
  • Photos captured while driving
  • Photos of you doing physical activities
  • Photos of the accident
  • Photos of your injuries
  • Updates on your condition

This is not an exhaustive list of ways to harm your case.  A simple rule of them to follow is, “when in doubt, don’t post it.” 

We recommend setting your social media profiles to “private,” but the defense may still have access to them.  Assume that everything you post on social media will be used against you in court, regardless of your privacy settings. 

The best way to make sure social media does not jeopardize your personal injury claim is to not use it at all until your claim is resolved.