Can My Social Media Posts Be Used in My Personal Injury Case? 
The short answer is yes. Defense counsel will likely comb through all of your social media accounts to see if any of your posts can be used to question your injury claims. For example, if a plaintiff claims that an injury to her leg has severely impacted her ability to walk and run, but she posts a photo of herself in an athletic endeavor, that would be used to undercut her claim.
In addition to your own comments and posts, posts and comments by your friends and family that are related to the incident, or your injuries can also be relevant and fodder for discovery. If those posts or comments contradict your claims, opposing counsel will likely try to use them to help prove that your injuries are less severe than you have claimed.
What if all of my posts are unrelated to my case?
If the social media posts or comments are completely unrelated to your case or injury, then they will likely be inadmissible. Opposing counsel must show first that the posts are relevant for them to be admissible. Keep in mind, however, that even memes that you reshare can arguably be relevant to your claims and could be admissible.
Are there any benefits of social media posts to my case?
While your social media posts might accurately depict the extent and nature of your injuries, it is best to avoid posting anything related to the incident that caused them or your injuries. You should feel free to send photos of your injuries and documentation related to the impact on your life to your attorney, but refrain from doing so to the general public.
How should I handle my social media accounts?
Anything you post that can be interpreted as related to the incident causing your injury, or as related to your injury, is discoverable and may be admissible. You should:
- be wary of friend requests from individuals you do not know;
- not post about activities or anything that could be interpreted as contradictory to your claims;
- not post any communications with your attorney;
- not post anything related to the incident including your injuries; and
- not post anything about the opposing party.
If you would like to continue to post on social media during your case, it is recommended that you first consult with your attorney.
If you have already made posts or comments that are related to the incident in which you were injured or to your injuries, do not delete them. You should bring them to your attorney’s attention as soon as possible.
SUGARMAN attorneys have decades of experience advocating for injured persons to ensure they recover maximum damages. If you or a loved one has suffered injury as the result of an accident, you may be entitled to compensation. To learn more, speak to one of our principals today by calling 617-542-1000 or emailing us at info@sugarman.com.