Social media has become a powerful tool in litigation, especially for defense attorneys looking to undermine personal injury claims. They leverage social media evidence to uncover posts that contradict injury claims, question credibility, and minimize settlement values. Without a proactive strategy, plaintiffs risk having their own digital history used against them. The following points outline key ways defense attorneys use social media evidence to challenge personal injury claims, from disputing reported injuries to questioning credibility and retrieving deleted content.
Contradicting Injury Claims
Defense attorneys scour social media for posts, photos, or videos showing plaintiffs engaging in activities that contradict their reported injuries. A simple workout video, vacation post, or social gathering check-in can be used to argue that the plaintiff is exaggerating or misrepresenting their condition.
Challenging Credibility and Timelines
Social media content is also used to challenge a plaintiff’s integrity. If a plaintiff testifies about limited mobility but posts about a weekend hike, the defense can argue dishonesty. Similarly, social media evidence such as tagged locations or event check-ins can be cross-referenced against case timelines to reveal inconsistencies.
Assessing Character and Lifestyle Impact
Beyond physical evidence, attorneys analyze social media to paint a broader picture of a plaintiff’s character. Photos, comments, or shared content may be taken out of context to suggest reckless behavior or diminished suffering. Defense teams may also argue that a plaintiff’s lifestyle has not been significantly impacted if their online activity shows continued social engagement and travel.
Retrieving Deleted Content and Subpoenas
Even deleted content is not entirely safe. Defense attorneys can subpoena social media platforms to retrieve removed posts, private messages, and metadata. Courts are increasingly allowing these records to be admitted as evidence, making it critical for plaintiffs and their attorneys to carefully review their social media presence from the outset of the case.
How Plaintiff Attorneys Can Take Control
The best way to prevent social media from damaging a case is through proactive management. Attorneys must:
- Educate clients early on the risks of posting, even if they believe it’s innocent.
- Immediately review the client’s pre- and post-date-of-loss social media as part of your file opening checklist.
- Avoid getting blindsided at deposition by inoculating problematic posts. Discuss the content with the client to understand the context behind the posts.
- Argue to limit overbroad defense production requests.
- Leverage Private Footprint to get access to client posts and save your staff hours of work per client.
Stay One Step Ahead With Private Footprint
Defense attorneys are using social media more aggressively than ever to reduce settlements and dismiss claims. Failing to review a client’s digital history could mean losing control of the case before it even reaches the courtroom. Plaintiff attorneys who don’t proactively address this risk put their cases in jeopardy.
Private Footprint is designed exclusively for plaintiff attorneys to leverage client social media evidence and protect them from increasingly aggressive defense tactics. Don’t wait until opposing counsel finds damaging content. Book a demo today to see how you can stay ahead in social media discovery and safeguard your pre-suit and litigation files.
