More than $100M in Settlements & Verdicts
Albany Office - (518) 785-4900
Saratoga Office - (518) 306-5800

Do Not Delete Social Media Accounts During a Pending Personal Injury Case. Here’s Why.

social media hand draw integrated color icons set. sketch infographic illustrationIf you’ve been involved in an accident that left you seriously injured, it may be tempting to post the details of your experience on social media. You may also find yourself posting information and updates about your recovery, or sharing glimpses into your lifestyle following the accident.

While all of this may seem harmless in the moment, the truth is that the information you share on Facebook and other social media platforms is likely to become the subject of what is known as pretrial discovery in your personal injury case; and can be utilized by the defense to challenge aspects of your claim.

How Can My Social Media Posts Impact My Personal Injury Case?

If you decide to pursue a personal injury case seeking compensation for your injuries following the accident, the details you shared on social media websites can be uncovered during the discovery process. Any information or photographs that are discovered could potentially be used by the opposing party to undermine your claims.

As you’re seeking compensation for your serious injury, the opposing party will be looking for evidence to prove that your injuries and the damages you sustained are not as severe as you claim. Your social media posts and photos could provide them with just the evidence they are looking for.

The important thing to keep in mind is that the ability of the defense attorney to use the information against you is predicated upon the fact that what you post—photos, information about what you’re doing with friends or activities you engage in—is inconsistent with what you claim in your lawsuit.

For instance, if you’re claiming a slip and fall accident left you with a serious injury that has limited your mobility and caused long term chronic pain, yet you’ve shared photos on Facebook of a ski trip you took with friends after the accident, your claim may seem less realistic and accurate. This could put you at a serious disadvantage when it comes to obtaining the compensation you deserve from the responsible party.

If My Posts Could Undermine My Case, Should I Delete or Deactivate My Social Media Accounts?

Knowing that social media posts can impact the outcome of a personal injury case should you choose to pursue one, it may seem like it is in your best interest to delete or deactivate your accounts if you have been sharing information on Facebook, Instagram, Twitter, or other social media platforms.

The answer is NO. The better practice is to think carefully before posting photos or information and then testifying at a deposition that you are unable to engage in an activity that you are doing in a photo you posted, or claim disability from work or another pursuit which you clearly state you’re doing in text on the social media site. Do not deactivate or delete your social media accounts during an ongoing personal injury case.

Why Is Deactivating My Social Media Accounts During a Personal Injury Case a Bad Idea?

Erasing posts or deleting your accounts can give the appearance that you have something to hide, which can make you appear less credible and undermine the claims you are making.

Additionally, removing posts and accounts could be viewed as the alteration of evidence that could potentially be used against you, which can give the appearance of deception or dishonesty – neither of which will benefit you as you pursue compensation.

How to Handle Social Media After an Accident Leaves You Seriously Injured

Social media has certainly become a fundamental part of today’s society. But if both posting on social media and deleting your social media accounts can be detrimental to your case as you pursue compensation after being involved in an accident, what is the best way to proceed?

It can be difficult to know what might undermine your case. Even seemingly innocent posts can provide the defense with material they can use to further their claims against you.

As a result, in the aftermath of a serious injury caused by the negligence of another individual, think carefully when posting on social media. Most importantly, think carefully before posting on social media and then later testifying in a manner inconsistent with what you posted, in photos or text. Honesty, as always, is the best policy.

Injured in An Accident in Albany, Saratoga or Elsewhere in Upstate NY? We Can Help.

If you’ve been injured in an accident that you believe was the result of someone else’s negligence, it is in your best interest to contact an experienced personal injury attorney as soon as possible – even if you’re not sure you have a viable case on your hands.

At Anderson, Moschetti & Taffany, we have decades of experience handling personal injury cases of all kinds, from car accident cases and slip and fall cases to defective product cases. We’ve received numerous accolades and honors and successfully achieved record setting verdicts and settlements for past clients.

Our team has the legal knowledge and resources necessary to handle your case successfully.

Take the first step towards getting the compensation you deserve after being seriously injured in Albany, Saratoga or elsewhere in the Capital District and upstate New York. Contact us for a free case review today!

Give us a call at (518) 785-4900, or complete our easy online contact form to schedule your free consultation with one of our attorneys.

Interested in learning more about how social media could impact your case? The following resources are a good place to start:

What is the Discovery Process During a Personal Injury Lawsuit? – Learn more about the discovery process so you know what to expect if you decide to move forward with a claim to pursue compensation for your injuries.

What You Need to Know About Social Media and the Discovery Process – Find out what can be discovered in terms of social media during your personal injury case and gain further understanding of how social media can impact your case.

Jeff Anderson

About Jeff Anderson

As the managing partner at the law firm, Mr. Anderson has over three decades of experience handling personal injury and wrongful death cases and has achieved numerous multi-million dollar settlements and verdicts on behalf of his clients. Read More About Jeffrey Kyle Anderson »