Mike’s Quick Answer
It depends on the content and the issues in dispute, but often insurers and defense lawyers review public social media and may seek relevant private material through discovery. A post can be used to test claimed limitations, timing, location, relationships, or credibility, even when its caption was casual or sarcastic.
Social Media Creates a Partial Record
People tend to post milestones and good moments, not the recovery, assistance, pain afterward, or plans they canceled. A defense presentation may use the image without that context.
Tagged photos, comments from friends, location data, marketplace posts, exercise apps, and public group activity may also be reviewed.
Accuracy Is Better Than Performance
Do not exaggerate limitations in testimony and do not create content designed to prove an injury. Follow medical advice and describe what you can and cannot do honestly.
Ask friends and family not to discuss the accident or case online. Their accounts may create material beyond the client's direct control.
Preserve Existing Evidence
Do not delete relevant posts, deactivate accounts to hide material, or ask someone else to remove evidence after a claim arises. Preservation failures can become a separate issue.
Privacy settings may be reviewed with counsel, but they are not a guarantee against lawful discovery. Mike can give case-specific guidance after understanding the platforms and existing content.
Frequently Asked Questions
Does setting my account to private protect everything?
It depends on the platform and legal process. Privacy settings may limit casual public viewing, but relevant content may still be requested or ordered in discovery.
Can an old vacation photo hurt my case?
It depends on date, context, and the claim. Often metadata and chronology clarify whether a post predates the accident, but the content should be preserved and explained accurately.
Sources and Further Reading
Important
This article provides general New Jersey information and is not legal advice. Every matter depends on its facts, policy language, deadlines, and applicable law. Medical questions should be discussed with a licensed physician. Tax questions should be discussed with a qualified tax professional.