Photos, comments and messages can become evidence after a California accident. A casual post may be compared with statements about your injuries or activities. That makes accurate context and preservation important, even when your account is private.
Attorney Norman Gregory Fernandez discusses common social media mistakes in this video. The goal is honest documentation and sensible communication throughout a claim.
A single image may omit important context
A smiling photo does not explain a person’s pain level, how long an activity lasted or what happened afterward. An insurer may nevertheless ask questions about it. Avoid exaggerated claims online and do not post misleading descriptions of your limitations. Discuss questionable material candidly with your attorney so the actual circumstances can be addressed.
Do not delete potentially relevant material
Deleting posts, messages or entire accounts after an incident can create evidence-preservation problems. Do not assume that removing something makes it disappear. Before changing existing material that might relate to a claim, ask your attorney about preservation obligations and the appropriate process.
Preserve originals, dates and relevant context. Do not edit images, manufacture a different explanation or ask someone else to remove evidence on your behalf.
Be careful with public discussions of the case
Avoid discussing legal strategy, settlement communications or conversations with your attorney online. Do not argue with the other driver, property owner or witnesses through comments. Send relevant communications to your lawyer and retain them rather than engaging in an escalating exchange.
Friends may post photos or tag you without knowing the claim issues. Ask them to respect your privacy, while making clear that relevant evidence should be preserved rather than destroyed.
Privacy settings are not a promise of secrecy
Changing who can see future posts does not determine whether material may become discoverable through the legal process. Review account security for ordinary privacy reasons, but do not treat a private setting as permission to post false information. Do not give an unsolicited caller your password or account access.
Bring concerns to your attorney early
If a post seems inconsistent with your medical restrictions, explain when it was taken and what actually occurred. Keep copies of relevant requests and do not guess about the legal significance. A truthful discussion can help your attorney evaluate context and respond appropriately. Sound claim preparation relies on accurate evidence, including material that is inconvenient.
General information, not legal advice. Every case depends on its facts. No result is guaranteed. An attorney-client relationship requires an agreed engagement.
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Work directly with an experienced California personal injury attorney. The Law Office of Norman Gregory Fernandez & Associates represents injured people statewide. Norman Gregory Fernandez has practiced law since 1997. Call 800-816-1529 for a free consultation or contact our office.
About Attorney Norman Gregory Fernandez
