Facebook and Other Social Media Are Being Used Against Injured Persons; Beware of What You Post

We have written previously that Facebook and other “social media” can be used against an injured plaintiff in his lawsuit. 

We recently received an extensive discovery demand from defense counsel requesting authorizations to obtain the client’s files from:

  • Facebook;
  • MySpace;
  • Twitter; and
  • Linkedin.

The demand in this particular case is amusing because our client, an elderly housewife, does not have a computer! 

However, Facebook and other social media are prevalent in the “under 60 age groups.”  It is very surprising what people post.

Clients should carefully consider that even if a post or picture is circulated amongst only “friends”, defense counsel may end-up getting it even if you think that it is private.  Defense counsel will seek to get pictures of the client engaged in some strenous activity which contradicts the client’s claim of disability.

To paraphrase the old saying, “what you post on Facebook can be used against you.”


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