The social media trap

The photos were blurry. At first, it was hard to even tell whether they were actually of my client. But eventually, she confirmed she had posted them.

We see this all the time.

An opposing attorney — or someone working for them — sends a friend request, follows a client online, and suddenly photos from social media become “evidence” in a case.

That’s why our office routinely advises clients to stay off social media while their case is pending.

Why? Because online posts rarely tell the full story.

Filters. Angles. Edited images. “Highlight reel” captions. A single photo can create a completely false impression. Sometimes a client is performing exercises prescribed by a doctor. Sometimes they are heavily medicated. Sometimes the image was taken long before the injury and posted later.

Even when a photo is harmless, it can become an unnecessary distraction from the real issues in a case.

And legally, social media evidence raises major questions:
• When was the photo actually taken?
• Who posted it?
• Was it edited or altered?
• Was it uploaded later?
• Can the insurance company even authenticate it?

Bottom line: the risk is rarely worth it.

If you are involved in a workers’ compensation claim, injury case, disability matter, or family law dispute — think twice before posting online.

Call us today for a free consultation. 9169132938

José A. Borrego 

Joseborregolaw.com

Workers Compensation, Personal Injury, Family Law