During my years as a personal injury lawyer, I have found that clients are often unaware that social media can impact their cases. In today’s digital world, sharing updates with friends and family online can feel like second nature. However, for individuals with a pending or imminent personal injury claim or lawsuit, it is essential to exercise extreme caution.

With that in mind, I wanted to send over a few considerations regarding social media use. I encourage you to file these away in case you ever are involved in a legal dispute. 

• Private Versus Public Profiles: If your social media profiles are public, you may want to switch them to "private" or "protected." Generally, it’s recommended you avoid deleting accounts entirely to prevent suspicions of hiding evidence or allegations of "spoliation of evidence." Of course, before taking any action, consult with your personal injury lawyer.
• Be Cautious With Connections: During legal proceedings, be wary of accepting new social media connections like Facebook friends or Instagram followers. These could be individuals from the opposing side seeking information.
• Discovery and Court Orders: Be aware that even private social media activity can be requested in discovery. Opposing lawyers might ask for social media printouts, and courts could order you to produce such information or reactivate deactivated accounts.
• The Impact of Your Posts:  Posts about vacations, home improvements, or financial plans, though seemingly innocent, can be misrepresented to counter your claims. Disclosing confidential information, such as announcing a settlement, can lead to serious consequences.

Ultimately, social media material can be manipulated to counter your claims, even if it does not feel directly relevant to your case. While it may seem challenging, the safest course of action during a case is often to limit or completely avoid social media usage. If you must use it for work or business during a trial, you should always reach out to your legal counsel to ensure nothing you are planning to post could be used against you.

I hope this information was helpful to you and, as always, do not hesitate to reach out for specific guidance or legal needs. We are here to help.

Take care,