Injured… But Still Dancing? Social Media Posts That Could Hurt Your Case!

According to recent statistics, the average individual spends about two hours and 21 minutes on social media daily, with most people using multiple platforms. This is unsurprising, considering that social media platforms like X, LinkedIn, Meta, and Instagram play integral roles in many of our lives. 

However, people often use social media when they should not. Case in point: people still dancing while injured and in the middle of a claim or lawsuit – for example. Despite what you might believe, social media and injury claims can be negatively linked, especially if you are caught doing something you should not since it could harm your case. 

The team of Florida personal injury lawyers at the trustworthy Law Offices of Marc L. Shapiro, P.A. knows how social media posting can negatively affect your case and how you can prevent it from doing so. 

Social Media and Injury Claims: Do Lawyers Have The Right To Look At Your Social Media? 

You might be shocked to learn, but lawyers from opposing counsel can look into your social media profiles and see what you post publicly. In fact, many lawyers do this to find evidence they can use against you. So be aware that anything you post, even if it was years ago, can be used against you as courts often view social media as a public forum. 

How Can Social Media Posts Hurt Your Case? 

Unfortunately, even if you post seemingly innocent posts on social media, they can often be used against you. This is because lawyers can: 

• Use your posts on social media to make you appear dishonest. 
• Use your post to showcase behaviors they believe might sway a jury against you. 
• Use your posts to contradict any claims you have made. 

Still unsure about how they can do this? Below, we’ve shared examples of problematic posts:

• Emotional rants: A lawyer can use your angry posts on social media to question the stability of your case. 
• Vacation pictures: A lawyer can state that you are posting vacation photos contradicting your claim of severe injuries. This can make the court question the true extent of your injuries and question whether you were as hurt as you claim. 
• Deleted posts: An attorney can use your deleted posts to incriminate you. They could say that you were seen destroying evidence surrounding your case. 

These are just a few scenarios where a lawyer can use your social media posts against you during your case.

What Are A Few Best Practices for Social Media Use During A Personal Injury Case?

Now that you know how social media posts can be used against you, what are a few best practices to follow for social media use during a personal injury case? To help you determine this, we have shared a few ideas below: 

Change Your Privacy Settings

You should change your privacy settings to protect your social media account from nosey lawyers. However, this approach is not foolproof. We recommend keeping your profiles private and allowing only trusted family and friends to see what you post. 

While your case develops, it is also important to screen incoming friend requests and followers. Finally, make sure family and friends are cautious about what they post about you and what they tag you in. 

Limit Social Media Use

As the saying goes, prevention is better than a cure. Therefore, avoiding using social media while your personal injury case is ongoing is often advisable. Although it might be challenging, it could be better for you in the long run as it reduces the likelihood of posting anything that could be used against you – even accidentally. 

However, if you need social media, always be mindful of what you post and speak with a lawyer to confirm that what you post cannot be used against you. 

Do not Discuss Your Case On Socials

Even if it is tempting, never discuss the details of your personal injury case online on your social platforms. This includes posts, commenting, and private messaging. Keep all case-related information between yourself and your lawyer. The world does not need to know what is happening and shouldn’t if you do not want to harm your case. 

Let Our Florida Legal Team Guide You On Social Media Use During Your Case

Now you know that social media posting can significantly affect the outcome of your case. Hopefully, by knowing the risks and preventative measures, you can safeguard yourself against lawyers using what you post against you. 

If you have a case that you would like guidance on, you can reach out to our team online or call 239-500-5000 to reach the Law Offices of Marc L. Shapiro, P.A. for your free consultation.