Think a single Facebook post can’t affect your personal injury case? Think again. If you’re filing a lawsuit in New York—whether it’s for a car accident, workplace discrimination, or medical malpractice—what you post online could seriously damage your credibility and potentially ruin your claim.
Hi, I’m Scott Peterson, a plaintiff’s litigation attorney based in New York. I want to explain why using social media while pursuing a legal claim is a risk you simply can’t afford to take.
Social Media Is Not Your Friend During a Lawsuit
It’s common for people to post updates about their lives on platforms like Facebook, Instagram, TikTok, and X (formerly Twitter). But if you’re a plaintiff in an active legal case, we strongly advise you to avoid posting anything at all.
Many clients ask us, “What’s the harm in one Facebook update?” The answer is: that single post could be twisted and used against you in court.
One Post Can Destroy Your Credibility
Imagine this: you’re suing after a serious car crash in Albany or Brooklyn, and you have a broken leg. You claim in your lawsuit that you have limited mobility and are experiencing ongoing pain.
But then you post something like, “Had a great hike yesterday!” on your personal Facebook page.
Even if that “hike” was a slow, painful walk or part of your physical therapy, the defense attorney or insurance company will take that post and use it to challenge your credibility. At your deposition, you might get hit with questions like, “How could you go hiking with a broken leg?”
Your answer might be totally reasonable, but the damage is already done. It gives the defense ammunition to portray you as dishonest or exaggerating your injuries.
Insurance Companies and Defense Lawyers Are Watching
In New York, defense attorneys regularly monitor public social media accounts. They’re looking for anything that could contradict your claims. Their job is to reduce the amount their client has to pay—or to get your case dismissed altogether.
That means even innocent posts or pictures can be taken out of context and used to question your honesty.
Protect Your Case: Stay Off Social Media
If you’re thinking about filing a personal injury, discrimination, or medical malpractice lawsuit anywhere in New York—whether you live in Manhattan, Syracuse, or Schenectady—do yourself a huge favor: stay off social media completely.
That includes:
- No posts about your injuries or recovery
- No pictures from outings or vacations
- No check-ins or location tags
- No comments that could be interpreted the wrong way
Even if your account is set to “private,” assume that anything you post could end up in the hands of the defense.
Have Questions About Your Case?
We help clients across New York understand how to protect themselves while pursuing justice. Whether you’re dealing with a car accident, discrimination, or medical negligence, we’re here to guide you.
Call us today at 518-308-8339 or visit us online at D’OrazioPeterson.com to schedule a free consultation.