Facebook and Personal Injury Cases– Advice from a Personal Injury Attorney

by Doug Zanes | Last Updated: October 11, 2016

Facebook and Personal Injury– Advice from a Personal Injury Attorney

Author: Doug Zanes

What can we all learn from the scandalous video that was released earlier this week showing Republican Candidate, Donald Trump, inappropriately  sharing his thoughts about women?


So, what the heck does this have to do with Facebook and Personal Injury Cases?

Let’s start here. Any social media forum, whether it’s Facebook, Twitter, or anything else that you choose to participate on in the social media realm is public. Even if all your profiles are set to private- it’s still public.

Therefore anything you post or comment on  is going to be available in any court case you have, whether it’s a personal injury case, whether it’s a criminal case, whether it’s a family law case, it will be fair game to the other side.

And so, from that perspective, the best advice I can give you as an attorney is do not put anything on social media that has anything to do with any legal case, period.

Taking it step further- if you’re involved in a legal case quit putting stuff and information out on your social media altogether- just stop!

Even if it’s just until your case is over, just stop. That way, we don’t have to worry about any of them.

If you choose to not take that advice and you choose to remain active on your social media and put information out there, you need to be aware that anything you put out on social media is public and it’s fair game, and can be use by the other side, and then your legal proceeding in a way that they believe benefits them.

For example, if you claim to have a shoulder injury yet you post a photo of you hiking- the other-side will say, “what shoulder injury- it looks fine here”.

Now, once you put information out on social media, you cannot go and delete it in the hopes that it’s not used against you in your legal case, because technically, that is destroying evidence, that is a big problem. So, don’t ever delete anything on your social media accounts if you’re involved in a legal case.

Also, do no accept any new friend requests or add anyone you do not know- people can create fake accounts to snoop your page.

Do you need to go and shut down your Facebook? No- just quit being active on it.

Click here to listen to my podcast episode on this topic!

Doug Zanes: Founding Attorney Raised in Douglas, Arizona, and went to college at Arizona State University and graduated from law school at St. Mary’s University School of Law in Texas. Doug began practicing law in Phoenix Arizona in 1997.
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