Here is a sample scenario: Maria was rear-ended and left with two herniated discs. Six months later, she forced herself through forty minutes at her sister’s birthday dinner, and her niece posted a photo of her smiling. A year after that, the defense put it on a screen in front of the jury: “Does this look like a woman in constant pain?”
This sort of scenario highlights an often-overlooked element of trial law. Social media has become so commonplace that even if we don’t post, we can be tagged or appear online, leaving a digital story that may not be accurate.
When you file an injury claim, you put your physical and emotional condition at issue, which gives the defense the right to hunt for contradictions, and your social media is the first place they look, as Plaintiff Magazine warns. Some firms even hire investigators to comb through tagged photos posted by your friends and family.
Often clients think having a private account protects their “privacy”. However, in Nucci v. Target, a Florida appeals court let the defense obtain a slip-and-fall plaintiff’s private Facebook photos, ruling they were relevant to her injuries and loss of enjoyment of life. Privacy settings didn’t make them privileged. Courts generally require relevance, but if you’ve claimed you can’t work, travel, or enjoy family time, posts showing exactly that are highly relevant.
Also remember that the justice system presumes innocence until proven guilty. The defense’s goal is to create doubt. A family dinner photo becomes “full recovery.” A beach picture becomes “active vacation.” Even a LinkedIn profile marked open to work can undercut a lost earnings claim.
At Locks Law Firm, we suggest clients stop posting until your case is resolved, including anything about the accident or lawsuit. Don’t delete old posts, since removing them mid-lawsuit can count as destroying evidence. Ask friends and family not to tag you. And be transparent with your attorney about what exists in your digital footprint because a post they know about can be explained with context; one they first see in the defense’s exhibits usually can’t.
Let your medical records and testimony tell your story and not an Instagram-curated collection of photos.
