When you are involved in an accident and plan to pursue a claim for your injuries, you need to remove yourself from social media immediately. If not, your pictures, , videos, posts, comments, tags, etc. are all discoverable by Defense counsel and insurance adjusters. Social media includes Facebook, LinkedIn, Google, Instagram, Snapchat, Twitter, Pinterest, and others we have not listed here.
In the past, lawyers expected surveillance footage might be obtained which could potentially catch your client doing things he told you he could not. Long range photographs and video footage were often obtained by zoom lenses. I remember surveillance footage of a contractor I once represented. Although he had a legitimate back injury, surveillance caught him in the act of pushing a roll of carpet into the bed of his pickup, when he claimed on deposition he could not engage in such activity. Another client helped someone physically push a car out of the yard. You can imagine what those photos did at mediation. You get the picture. In addition to surveillance, courts now allow access to most of the things placed on social media, when you may have thought setting your privacy setting to “private” would protect such information. Not so!
You may have nothing to hide, but it is much easier to refrain from social media and leave nothing to interpretation until after your case is over. Instead, spend your time documenting your injuries at various times, updating your condition. If you have difficulty participating in certain activities, video your attempts. If you are missing out on activities, document the date and the activity you missed. Be your own advocate. Don’t make the Defense’s job easy by allowing him to sit at the computer and make his case. Remember….what is on the internet is there for eternity. It’s not worth it.