Sgro & Roger
Social Media & Your Personal Injury Lawsuit
The nature of your social media profiles can be problematic for your personal injury lawsuit.
People are accustomed to sharing photos, videos, opinions, experiences and observations all from their personal lives onto the internet. As this pertains to your lawsuit, you need to be extremely cautious about any information you choose to make public.
Talk about your social media with your attorney once you’ve secured excellent legal representation and discuss potential interferences with your social media and the outcome of your case. There is case law that permits the submission of social media posts as evidence where applicable.
This does not change what happened at the site of the incident during your injury, but it can change your credibility. There is no reasonable expectation of privacy. Just because your social media account may say private does not mean the information cannot be made available for public scrutiny.
When content is shared, even though it may be in a small group of selected friends, courts deem that there is no reasonable expectation of privacy for that shared content.
What You Should Limit
Always discuss what you should and should not post during an ongoing case with your attorney. The specifics of your limitations on social media can vary but in general, refrain from posting:
• Any information on conversations you had with your attorney.
• Any details of your medical diagnosis or treatment.
• Expressions of frustration with the case or with the opposing side’s insurer.
• Details of any phone calls, emails or other exchanges you’ve had with anyone in the case.
Contact the expert attorneys at Sgro & Roger for a free consultation regarding your personal injury case at 702.384.9800