Fort Wayne Indiana Personal Injury Lawyer and Attorney Blog

Posting on Social Media Before a Personal Injury Lawsuit

By Jack H. FarnbauchNovember 24, 2020

In what is becoming a more important topic, we here at the Sweeney Law Firm have to stress the importance of being conscientious about what our clients post on social media. So the question becomes: What should you say on social media after you have been involved in a car accident or other injury caused by another? Here is a thumbnail sketch of what to do, post accident.


Do not say anything about the accident. Avoid posting updates or images of yourself after the crash. Social media can provide a distorted view of you or your activities. Social media posts mostly lack context and a complete picture. We cannot stress enough: do not post to social media after your accident.


When we say that you should avoid any communication on social media, we are not just referring to comments specifically about the car accident. For instance, imagine that you are seeking compensation for neck injuries sustained in a car accident. Then, imagine that you posted an update on Facebook that mentions driving to the mall to do some shopping. The defense may argue that you would not have been able to drive if you were dealing with serious neck injuries. If you were to post a photo of yourself on a nature walk, the defense lawyers might try to use the photo to suggest that your injuries were not serious enough to prevent you from taking a walk.


You might have heard that making your Facebook or Twitter accounts “private” can prevent anyone from pulling information from those accounts in the event of a courtroom trial for a car accident claim. That is incorrect. Limiting public access to your social media accounts does not prevent the defense from gaining access to your Facebook, Twitter, Instagram, Flickr, or other social media accounts. Defense attorneys can gain access to private messages, and in some cases to posts that you have deleted. We hate to see a client’s case go down the tubes because of social media. 


If you have been injured in an accident, please contact us here at the Sweeney Law Firm.