Social Media DOs and DON’Ts for Plaintiffs
By Shant Karnikian
According to a 2024 report from the Pew Research Center, over 80% of adults in the U.S. use some form of social media. 68% say they use Facebook, and roughly half are on Instagram.
We’ve grown so accustomed to posting pictures and sharing details from our daily lives—what we eat and wear, where we travel, the friends we hang out with, our special family memories, and milestone moments—we hardly give it a second thought.
Our social media accounts function like something between a personal sizzle reel and an open diary. We freely share images and words about highs and lows, wins and losses, joys and sorrows, feelings, ideas, opinions, and grievances. So, when something big happens in your life—even something terrible or traumatic—it feels natural to share it with your friends and followers in online forums.
Social media has blurred the line between public and private in unprecedented ways, and the courts are still grappling with the role that it should play in legal cases (admissibility standards, balancing the right to privacy, and so forth).
But if you have a personal injury case pending, you need to know that social media may not be your friend. What appears on your page or grid or thread could help—or seriously hurt you. A single post can be used to call your entire case into question; it could mean the difference between a huge settlement and a pittance, a favorable jury verdict, and minimal damages awarded. So it’s best to play it safe.
How social media can impact your case
The defense may gather evidence from your social media accounts to:
- Damage your credibility
- Disparage your character
- Dig up apparent inconsistencies or contradictory evidence—for example, your posts may be used to argue that you participate in activities (sports, recreation, socializing) that are incompatible with your severe injury claim.
- Discredit the timeline of your injury or healing process; suggest you’re not following doctor’s orders or keeping up with your treatment plan.
- Misrepresent your psychological state—pictures of you laughing, smiling, and having fun with friends can be misconstrued as evidence that you are not suffering trauma or negative emotional and mental health effects from your accident.
Social Media DOs and DON’Ts during a Personal Injury Suit
DON’T post images of the accident scene or damage to property. While it’s very important to document your accident and take photos of the scene, it is also critical not to share them on social media. The defense will search them for ways to disprove your version of events.
DON’T discuss, describe, or share updates about your injury, pain, suffering, health, or recovery. Recovering from a serious accident can be a very bumpy road; chances are you’ll have ups and downs, good days and bad days. Celebrating your improvement or constantly complaining about how tough things are can damage the credibility of your case.
DO tell your friends and family not to tag you in their posts. For example, if your BFF posts a picture of you, seemingly in fine form, cutting a rug at her wedding, her post can be used to undermine your claim. But that photo captures one out-of-context moment; it doesn’t show that you had to take painkillers to attend the celebration or that you could only manage one dance before sitting back down to rest.
DON’T respond to online questions about how you’re doing or answer well-wishers’ comments.
DON’T sound off on social media. As much as you may want to share your feelings and frustrations and seek support from your online community, avoid the temptation to rant, rave, criticize, get emotional, defend yourself, and so on.
DON’T post about your activities, recreation, social life, travel, or even your daily routine.
DON’T post anything even potentially or tangentially related to your case (remind friends and family members of this too).
DON’T name or discuss the defendant.
DON’T post any information about legal proceedings or anything you’ve discussed with your attorney.
DON’T ever admit fault on your social media accounts—even subtle, unintentional statements of regret, apology, or responsibility regarding your accident can be interpreted as admitting fault.
DO tighten up the privacy settings on all your social media profiles; restrict who can view your posts.
DON’T accept friend or follower requests from people you don’t know personally.
DO tell your attorney about everything that’s out there in cyberspace—even if you deleted the post or deactivated the account! Discuss your entire digital footprint with your lawyer. They can help you understand what not to post and prepare for ways the defense might try to use online evidence against you.
Best Case Scenario: stay off social media altogether until your case is resolved; consider deactivating your accounts for now.
The caring and experienced personal injury lawyers at Kabateck LLP can help you navigate every aspect of your case—including how to manage your online life while your claim is pending.