Be Careful of Social Media When You Have a Case

In the modern world, a lot of us share our lives online. Social media has been blamed for loneliness and anxiety, yet also praised for connecting people across vast geographic distances. It’s true these platforms offer valuable community and networking opportunities, but they also have risks, especially in legal matters. If you’re in the midst of a civil lawsuit or claim, it’s important to be aware of the complexities and dangers of using social media.

How Social Media Can Hurt Your Case

From Facebook to Instagram and even TikTok, the majority of our clients are on social media in some way. We always encourage them not to post anything while their case is ongoing, including things they don’t think are related to the case. Here are the top reasons why.

It May Not Be Private

We see it all the time: Clients often mistakenly believe their social media accounts are private. It’s easy to misunderstand privacy settings or configure them the wrong way, leaving your personal information vulnerable. If you post something about settlement negotiations or private attorney-client communications, it can weaken your position. Plus, the court could order you to hand over social media content during legal proceedings, regardless of privacy settings. It doesn’t happen often, but it can.

Social Media Can Be Misinterpreted

As with real-life conversations, context is critical to understanding social media posts. Statements made in anger or as a joke can easily be misinterpreted and used against you in legal proceedings. For example, you might joke about a surgical mishap, but when it comes to your medical malpractice case, the court or jury could take it to mean that you weren’t seriously harmed. Even if they’re not used against you directly, your social media can negatively influence public perception and jury attitudes, undermining your case.

Changing Your Mind Can Hurt Your Case

Content posted on social media platforms is essentially permanent – even deleted posts can be retrieved. Let’s say you post something before your lawyer tells you not to post on social media. If you then delete it, not only can it still be found, but you could get in trouble with the court. Deleting or modifying posts that are relevant to your case might be considered “spoliation of evidence,” which means intentionally altering or withholding evidence. The court can penalize you for doing this.

It Can Hurt Your Credibility

Social media content can be used to attack your character and reputation, especially in cases involving defamation or emotional distress claims. The defense can use specific posts or comments that are offensive, inflammatory, or inconsistent to discredit you. Consistent themes or narratives across your social media accounts can also provide evidence of your habits, behaviors, and interactions. Establishing a pattern of conduct, such as recurring conflicts or reckless behavior, can help them limit the damages you’ll be awarded.

It Can Disprove Your Claims

Publicly available information on social media may contradict the claims you make in court, weakening your position. Suppose you claim significant physical injury in a personal injury case, but your social media has recent photos of you happily riding a roller coaster. Or, suppose you made a post just before the car accident that you’re suing someone for – the timeline could prove you were actually driving when the accident happened, which makes you partially responsible. Both of these examples weaken your case.

The Flip Side: When Can Social Media Help Your Case?

Social media can be a double-edged sword in civil lawsuits: If the defendant isn’t careful, their social media activity could help your case in similar ways as it can hurt you.

It Can Establish Negative Patterns

Social media research might be able to uncover evidence of prior incidents or complaints involving the defendant. You can use posts, photos, or comments referencing previous accidents, disputes, or complaints related to similar conduct to establish a pattern of behavior and strengthen your case. For example, you can use social media posts depicting the defendant engaging in reckless activities, like excessive drinking, speeding, or aggressive behavior, to establish a pattern of negligence that supports your wrongful death case.

It Can Help Prove Your Claims

You can use posts, photos, and videos from the defendant and others to back up your claims. Witnesses’ photos of an accident scene can show that your own photos are accurate – and may be the only photos you have, if you were severely injured and couldn’t take your own. Or, multiple posts from nursing home residents or their relatives about poor care at a facility can help establish nursing home neglect or abuse. It’s always worth it to look at the social media profiles of the defendant and other relevant people or organizations in your case.

Safeguard Your Lawsuit: Talk to an Expert

As the plaintiff, or the one bringing the lawsuit, it’s always best not to post anything on social media. From the moment your accident happens until your case is resolved, social media can hurt you. But oftentimes, you don’t even realize how serious your accident was until later on. If you already posted something that could be incriminating, talk to an experienced attorney at GT Law Firm who can give you advice.