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Is it ever OK to post about my case or accident?

In short, no. Never post anything about your case, accident or a pending lawsuit on social media or in any other public venue. This includes details about the case or your injuries, updates about your health, or frustrations about the situation. Even posting that you are involved in settlement negotiations or a lawsuit can be damaging, and you should avoid it.

I know for a fact that every defense lawyer I am involved in a lawsuit with has reviewed my Walker Law Facebook Page in detail and even have their employees sign up for my newletters and other informational material.

How can lawyers and adjusters use my social media posts against me?

The opposing legal team will find a way to use almost any social media post against you. A picture of you and your family at an amusement park can show your injuries are not as severe as you claim, and a post about going to a party brings questions about whether you really deserve money for pain and suffering.

Do not forget that friends can also “tag” you in pictures on social media, so it is important to talk to your friends and family about avoiding posting images of you or “checking in” when you do things together.

Can they gain access to my posts if my privacy settings are “friends only”?

Even if you believe you locked your privacy settings down securely, outsmarting these settings is not difficult. Insurance or law firm representatives may send you a friend request and if you approve this connection, they instantly gain access to all of your social media activities including pictures and check-ins. For this reason, many lawyers recommend that clients avoid accepting any new friend or follow requests during pending litigation.

Should I delete my social media accounts?

One of the best ways to ensure your social media accounts cannot hurt your case is to take a break from these sites when the lawsuit is pending. Most social media accounts allow users to deactivate their accounts temporarily. Alternately, simply refrain from posting during this time. If you decide you want to continue using your social media accounts:

  • Never post about the accident or pending litigation

  • Avoid adding new pictures

  • Do not check in online