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Can Social Media Posts Hurt a Personal Injury Case?

While social media posts can do a world of good in court, they have the potential to hurt a plaintiff’s personal injury lawsuit when used as contradictory evidence or a violation of a settlement agreement. Learn about social media best practices for plaintiffs involved in an ongoing personal injury case and how content posted online could cause complications.

Social Media Posts May Be Subject to Discovery Requests or a Court Order

A smartphone showing social media apps

“Discovery” is a legal term that refers to the phase of a lawsuit that involves both parties exchanging information about the facts of the case. Defendants have the right to request any information they can about the plaintiff, including items that aren’t public, like posts on a private or previously deactivated social media profile. Discovery can happen without court involvement, but the court can order either party to show information from social media accounts.

You Could Contradict Your Own Testimony

Social media content, whether in the form of photos, videos, or posts, can be used in court even if they’re seemingly unrelated to your personal injury lawsuit. For instance, if you claim to have suffered a broken leg but posted a photo of yourself playing soccer with friends over the weekend, the defendant’s legal team will likely dispute your injury—and potentially other damages.

You Could Violate a Confidentiality Agreement

If you’ve already negotiated and signed off on a settlement agreement that includes a confidentiality provision, you could be penalized for sharing any details of the case (including the settlement amount) on social media. Penalties can include returning the entire settlement amount or a predetermined sum of money mentioned in the provision, which can include the costs and attorney’s fees incurred by the other party.

Get Professional Legal Counsel for Your Personal Injury Case

When you work with Leav & Steinberg LLP, you’ll have a team that includes a lawyer and paralegal advising you on best practices for social media during each step of your personal injury lawsuit. We have nearly two decades of experience as a law firm, and we’ve won various monumental cases. Request a free consultation today to discuss the details of your claim with our team.