Can Social Media Harm Your Personal Injury Case?

Social media is an almost unavoidable aspect of life in the digital age, as evidenced by the 3.6 billion people worldwide that subscribe to the various platforms and websites. As a result, many of us are accustomed to sharing nearly every occurrence in our daily lives – both significant and insignificant. Many times, these photos, videos, and personal statements can be a positive way to reflect on life.

However, if you are currently involved in a Sacramento or Folsom personal injury lawsuit, there can be another, more nefarious side of social media. While your personal injury case is, in fact, a significant event in your life, you should proceed with extreme caution when posting on social media about the case. In addition, even unrelated posts have the potential to affect your case, and it is important to perform your due diligence regarding each and every piece of information you choose to make public during this time.

How Social Media Can Affect Your Case

Before and during the proceedings, a personal injury case, the things you say and do are under an intense amount of scrutiny. Of course, the vast majority of people are not falsifying their injuries or engaging in attempts to make their injuries appear more severe than they are. However, it is the opposing attorney’s responsibility to call these elements of your case into question. If you continue to post on social media, you are essentially handing the defendant information that may be used to discredit you.

When you file a personal injury claim, most things you say outside of court are considered hearsay and inadmissible in court. However, public statements like those made on social media are routinely admitted into court when they come from those who are a party to the case. As a result, social media posts by you, your family, and your friends with knowledge of your case have the potential to negatively affect your case.

These effects occur in three major forms:

How Should You Handle Social Media?

If you have recently filed a personal injury claim, make every effort possible to avoid allowing your social media to negatively affect your claim. Start with these quick steps:

  1. Make your profile(s) as private as possible.
  2. Refrain from posting about your injuries or your case, including frustrations with the legal system, insurance findings, or details of your treatment.
  3. Exercise caution when posting photos, videos, or check-ins that may contradict your claim.
  4. Consider avoiding social media entirely while your case is ongoing.

While the above steps may seem like overkill, it is better to be safe now than regret a careless social media post that may reduce or negate your personal injury claim or lengthen the legal proceedings with additional requests for social media records.

Hiring an experienced personal injury attorney is the most important step to ensuring you are not harming your own case. Your attorney will consult with you at each stage of the case and advise you regarding how to handle your social media accounts. To request a free consultation, contact the Law Offices of Black & DePaoli today.


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