Can My Facebook Posts Hurt My Personal Injury Lawsuit?

Even a seemingly harmless social media post can be used against you in a personal injury lawsuit. For example, let’s say you are suing your insurance company for back injuries sustained in a car accident and the insurance company finds a recent Instagram photo of you at a yoga retreat. Of course, the simple act of doing yoga doesn’t mean you are lying about your injuries. Many factors may come into play, including the type of yoga you were doing. Maybe it was a mild, therapeutic yoga intended to strengthen the muscles supporting your back. However, even if a picture is deceiving, the insurance company may use it to call your credibility into question. Contact a Boston Personal Injury Lawyer Today.

In addition to pictures that make you look “less injured” than you claim to be, social media posts can also contain information that contradicts statements made by you or witnesses. If you claimed that an accident occurred daylight hours, but posted the following on Facebook at 10 pm the day of the accident, Sitting by the pool, drink in hand, loving life, you may have some explaining to do.

What About Privacy Settings?

For starters, your social media posts may not be as private as you think. I for one thought that nobody could see anything I posted on Facebook unless they were a ‘friend,’ until someone I barely knew congratulated me on buying a house. Turns out, photos that you’re ‘tagged’ in can be seen by the friends of everyone else who is tagged in them. If any of those people make their posts public, the posts can be seen by anyone, anywhere.

Even if you’ve chosen a Fort Knox-caliber privacy setting, courts still have the power to order you to disclose social media information. If the defense believes your social media accounts include information relevant to the lawsuit, this will almost certainly happen. In fact, a plaintiff may be ordered to refrain from deleting or editing any information posted to a social media account for the duration of the case.

The best way to avoid a sticky, social media situation if you’re involved in a lawsuit is to prevent the posts from occurring in the first place.

  • Step 1: Don’t post anything that may have the slightest chance of impacting your case. Be extremely conservative here. Even an innocent post can hurt. A picture of you in a nice restaurant, for example, might raise eyebrows if you’re claiming to be struggling financially since the accident.
  • Step 2: You can change privacy settings so that when other people tag you in a post, you have to approve the tag before the post will be published on your page.
  • Step 3: Refrain from doing anything that contradicts the claims you have made. A little honesty goes a long way.

If you’ve been injured in any type of accident, our skilled, knowledgeable legal team can help. We have been protecting the rights of accident victims for more than 50 years. You may be eligible for compensation for medical bills, pain and suffering, and lost wages. Our experienced personal injury lawyers will help you determine how to move forward. Contact us today for a free consultation about your case.


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