GET YOUR FREE CONSULTATION

4 Things to Know About Social Media and Your Personal Injury Lawsuit

February 24, 2022

With smartphones and instant connectivity in almost everyone's pockets, people constantly document the activities they engage in. Many times this is by taking pictures of the activities. Unfortunately, if you are involved in a personal injury lawsuit, innocently sharing these events on social media can harm your case. Understanding some basic facts about your social media accounts is the first step to overcoming this hurdle. Here are a few.

1. Your Social Media Accounts Will Be Checked

If you have any presence on social media, the opposing attorneys or their investigators will check your social media accounts. They are looking for anything to refute any information you state during your case. The investigators can turn up numerous things about you, including the following:

• Photos

• Personal profiles

• Posts

• Private Messages

Unfortunately, the attorney may not use the information as you intended. The opposing attorneys will often present this information in nefarious ways to discredit you and minimize any claim they have to payout.

2. There Is Nothing Private on Social Media

Most people feel that by setting and monitoring their privacy settings on social media, they can contain any information shared to just friends and family. Unfortunately, this is not always true. Some workarounds allow anything you post to be accessed, downloaded, and publicly distributed with people outside your desired network.

When information is shared this way, it continues to live on beyond the standard 24 hours of an Instagram story or after you have deleted the post. Unfortunately, once this information is publicly shared, there is no way to track who sees it.

Even if you have stringent privacy settings enabled, there are ways they can still access your accounts. The attorney can access your information through a subpoena or other means during the discovery process.

3. Your Social Media Post Can Contradict Your Testimony

During your personal injury lawsuit, you will be asked numerous questions by your attorney and by the attorneys from the other side. Some common questions include:

• What happened?

• What injuries did you incur?

• What is your current health status?

• What activities you are currently able to participate in?

• What things you can no longer do?

The attorneys will usually record your answers through dispositions during your case's discovery phase before any court dates. Your attorney will take depositions to strengthen your case while opposing counsel will take depositions to weaken your case.

Opposing counsel will record your testimony before using information collected from your social media accounts to attempt to contradict your testimony.

For example, if you state your shoulder injuries prevent you from lifting your arm higher than a certain point, they may use a check-in you posted at the gun range to refute your claim. You may have just been at the shooting range with a friend, but the attorney will attempt to make it look like you were a participant.

Your attorney may be able to ask additional questions to clarify your statements, but it is not worth taking that chance.

4. Deleting Your Social Media Accounts Is Not an Option

You may think one of the easiest things to do to avoid any potential social media damage is to delete any accounts you have. Unfortunately, this is not an option.

California Penal Code 135 addresses altering or deleting information as a misdemeanor. If opposing attorneys could use anything in your accounts as evidence, deleting these accounts can make you guilty of a misdemeanor.

Frank Penney Injury Lawyers will be glad to discuss how your social media posts can affect your personal injury case with you. We have years of experience and can navigate around any damage this information may pose. Give us a call today for a free consultation on your case.

< Older Post

Newer Post >

No Fee Guarantee!

Our legal team understands that life can be very stressful after an accident of any type. The financial costs of your accident can add to that stress. When you are asking for help, this should make your life easier – not more difficult. That is why you do not have to worry about any upfront legal fees and expenses when you hire Frank Penney Injury Lawyers to handle your California personal injury case.

At Frank Penney Injury Lawyers, Frank Penney and his staff work on a contingency basis. This means you only have to pay a fee if you win your case. We will never charge a fee unless we obtain a settlement on your behalf. No win. No fee. Case closed.

This means there is no risk in asking Frank Penney Injury Lawyers for help. You get to benefit from Frank Penney’s years of experience, knowledge, and success without needing to stress about the cost. Call today to set up a free initial case assessment or to learn more.

When I first contacted the Law Offices of Frank D. Penney after my accident, I was frustrated with car insurance companies, and medical insurance companies; after all, I was in pain. He and his staff put me at ease instantly! It was such a relief to have someone working on MY BEHALF! They were able to settle my case for more than I initially thought it was worth. THANKS AGAIN!!!

- KRISTA H.

Why Choose Us?

If You Don’t Win, You Don’t Pay
Free Case Evaluations
Over 25 Years of Experience

Compassionate and Caring
Highly Rated Reviews
Proven Track Record

24/7 Availability
Quick Response Time
And More

Our Recent Blog Posts

Deadly Hit-and-Run in Sacramento: DUI Suspected in Fatal Crash

By Frank Penney • February 20, 2025

A tragic hit-and-run crash in Sacramento left a woman dead Wednesday night, and police believe intoxication played a role in the accident. Officers with the Sacramento Police Department responded to the scene on North B Street near Dos Rios Street just before 8 p.m., where they found the woman had died from her injuries. Not long after the crash, an officer spotted a truck matching the suspect vehicle’s description and conducted a traffic stop at Fifth and I streets. The driver was detained as part of the investigation. By Thursday, authorities confirmed the arrest of 62-year-old Steve Read of Sacramento. He now faces felony charges for hit-and-run resulting in death and driving under the influence. Police are urging drivers to avoid the area and find alternate routes as the investigation continues. Experience unparalleled legal representation with Frank Penney Injury Law, the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

Driver in Critical Condition After Driving Off Overpass in Sacramento, California

By Frank Penney • February 20, 2025

A vehicle plunged off an overpass onto Interstate 5 in Sacramento’s Natomas area on Monday afternoon, leaving the driver in critical condition. The California Highway Patrol responded to the scene around 12:52 p.m., near the offramp for West El Camino Avenue. The crash occurred while Kyman Jeung was driving northbound on I-5, heading home. He said the incident unfolded in what felt like slow motion, with the vehicle and debris falling onto the freeway just seconds ahead of him. Jeung had little time to react as he quickly maneuvered through the debris, including tree parts scattered across the road. Hours after the crash, locals noticed remnants of debris still on the overpass and in nearby tree branches. Sacramento Police confirmed the driver who fell from the overpass was the only person taken to the hospital. West El Camino Avenue was closed temporarily between Gateway Oaks Drive and Azevedo Drive while emergency crews worked at the scene. The road fully reopened around 3:15 p.m. Thankfully, no other drivers were injured, though Jeung expressed how fortunate he and others were that the vehicle didn’t land on them. Experience unparalleled legal representation with Frank Penney Injury Law , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

Fatal Crash in Carmichael, California After Driver Runs Red Light

By Frank Penney • February 19, 2025

A man was killed on Saturday in Carmichael after running a red light and colliding with another vehicle. According to the California Highway Patrol, the accident occurred around 3:30 p.m. at the intersection of Manzanita Avenue and Madison Avenue. The driver, a man in his 30s, was behind the wheel of a sedan when he failed to stop at the red light. The sedan then collided with a van driven by a man in his 20s. On Sunday, the Sacramento County Coroner's Office identified the driver of the sedan as 37-year-old Masoud Esmailpour of Carmichael. The van driver was treated for minor injuries after being taken to the hospital. Experience unparalleled legal representation with Frank Penney Injury Lawy , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

24/7 Availability – Reach Us by Phone, Email, Chat and More!

If you are involved in any type of personal injury due to the fault of someone else, our experienced team at Frank Penney Injury Lawyers in Roseville, CA can help. We are available to anyone in Northern California 24/7! Give us a call today to learn more at 888-888-0566. We will fight for your rights!