Will Posting On Social Media Tank Your Case?
Discover how a single post can tilt the scales of justice - what you share online might just be the turning point in your personal injury case
By Simon P. Etehad Esq.
The advent of social media has transformed how we interact and express ourselves, but it has also significantly impacted the investigation and litigation of legal cases. Despite being a powerful tool of expression, social media often portrays an inaccurate depiction of our lives, highlighting moments of fun and elation while omitting the day-to-day struggles that lead to these happy moments.
We all know the good feeling that comes with sharing positive moments in our lives and the reactions they evoke from friends, family, and even strangers. However, this platform fails to show the pain we endure during our private battles. This selective sharing, whether to shield our audience from our true selves or to avoid burdening them with our daily turmoil, presents a skewed narrative of our lives. These glimpses of joy and boastfulness are what attorneys feast on in cases where an injured person, while allegedly struggling with debilitating pain, posts something positive.
Attorneys are always on the lookout for any hint of impropriety in the portrayal of a person's pain from an injury. Social media provides defense attorneys with numerous angles to twist an injured person’s story.
Before the era of social media, attorneys were limited to following and photographing those claiming injury, which was an expensive and laborintensive process.
Occasionally, individuals claiming severe injuries are found engaging in activities they supposedly shouldn’t be able to do. While these investigative tactics are still employed, a defense attorney can now simply browse social media for evidence that the injured person willingly shares.
What is often overlooked by defense attorneys is that the severity of pain experienced by the injured person might not be constant throughout the day. Moreover, the posted photos or videos could be from before the incident.
The content from an injured person’s social media is displayed for attorneys, mediators, juries, and judges, who then use it to assess the sincerity of the person's pain and struggles. Unfortunately, such information often significantly weakens a personal injury case. Revealing any discrepancy between a person's social media activity and their injury claims can lead to a full defense verdict — a complete loss of compensation.
Personal injury clients must be cautious, understanding that an attorney can use their social media content to craft a narrative favorable to their client. This can turn the alleged injury into a deceptive game of smoke and mirrors.
Based on our experience, Etehad Law strongly recommends pausing all social media activity during a personal injury case. Alternatively, making platforms private is a safer option, though it doesn’t guarantee complete privacy. Any content suggesting physical activity contrary to what is claimed can significantly harm a personal injury case. In an abundance of caution, it's best to refrain from all social media use while your case is active.