Social Media in Personal Injury Cases: Best Practices for Plaintiffs

Think Before Posting: Plaintiffs should exercise caution when posting on social media, avoiding any content that could be misinterpreted or used against them in court. Consulting with an attorney before posting can help mitigate risks.

Privacy Settings: Many individuals assume that their social media accounts are private and only accessible to friends and family. However, courts can grant access to private social media content if it is deemed relevant to the case. This means that plaintiffs should be mindful of their
online presence, even if their accounts are set to private.

While privacy settings are not foolproof, they can provide an additional layer of protection. Plaintiffs should ensure their accounts are set to the highest privacy settings and limit connections to trusted individuals.

Deletion and Spoliation: Deleting social media posts can be tempting, especially if they are potentially damaging to a case. However, this can lead to accusations of spoliation of evidence, which can result in legal sanctions and harm the plaintiff’s case.

Social media has a profound impact on personal injury cases, influencing evidence gathering, credibility assessments, and the overall outcome of the case. Plaintiffs must be vigilant about their online presence, understanding that every post, photo, or comment can potentially be used in court. By exercising caution and consulting with legal professionals, plaintiffs can navigate the complexities of social media and protect their interests in personal injury litigation.