Just because your accounts are set up as private doesn’t mean that an investigator won’t find their way to them, and judges might honor the request of a defendant to have printouts of plaintiff’s social media content, including photos if a public part of the account indicates an active lifestyle. Even texts have been subpoenaed. Things posted in the past, but have since been deleted, can be easy to find.
Our Advice
If you are involved in a lawsuit, don’t discuss the case using social media, and don’t post any words or photographs that can leave the impression that you aren’t really injured. Avoid discussing the details of an accident or your physical activities through social media anytime a claim arising from an injury is pending.