Personal Injury Lawsuits and Social Media Privacy

Personal Injury Lawsuits and Social Media PrivacyYou may routinely post pictures of yourself on vacation, of that beautiful dish at your favorite restaurant, and lots of selfies with friends. You may not realize how much others can discover about you through your social media feeds on Facebook, Twitter, Instagram and other platforms. If you happen to be the plaintiff in a personal injury lawsuit and you say that you are suffering from a debilitating injury that causes you constant pain, yet you continue to post smiling selfies of you and your friends as you go about town, the “other side” can use your photos offer against you.

What you post publicly on social media is fair game for the defense lawyers who are looking for evidence that contradict what you claim to be your injury and its impact in your life. One thing you should understand is that you should not have much expectation of privacy on your social media platforms eve at the highest security settings. When you take photographs with the camera on your smart phone and post them online, the photos have geo tags on them that reveal where and when they were taken.

A safe rule of thumb is that you should never post something on social media that you would not want to appear in the news media about you or your life.

Tips for smart use of social media when you are a plaintiff in an injury lawsuit

If you were a client of this law firm, we would advise you to shut down your use of any of your social media accounts for the duration of your case. If you cannot do that, however, then:

  • Adjust your privacy settings on the social media accounts that you use the most. Before you post anything, ask yourself if this got out would it help or hinder your case. Err on the side of caution and don’t post it if you have any doubts.
  • Do not befriend anyone you do not already know in real life. In truth, it may be better to not friend anyone new at all, and to remove anyone who may end up playing a role in your current case.
  • Keep your communication with your attorney about your case and about your medical issues between you and your lawyer. You never know who is reading your posts, and in some cases, they may be admissible in court.
  • Ask your friends and family not to tag you in photos or post anything about you. Well-intentioned friends who post TBT pictures, or who are trying to be supportive by bashing the other side, can cause more trouble than you think.
  • Do not delete any posts from the past. Even if you now think they might be harmful to your case, as that could be considered tampering with evidence, which is against the law. Instead, show them to your attorney and explain what happened, so that you are prepared in case you are questioned.

Think back about all the incriminating information that people have shared with one another through email or other forms of online communication thinking that it was private. All it took was a hacker with some time on his or her hands and the contents of what everyone thought was private correspondence was made embarrassingly public. Speak with your attorney in person or over the phone about your case, stay away from social media, and follow your doctor’s orders if you are still recovering from the injury or illness that is the subject of the lawsuit.

Gainsberg Law offers comprehensive representation to clients throughout Illinois. To schedule a free initial consultation with an experienced Chicago personal injury lawyer, please call us at 312.548.9049, or fill out our contact form.

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Our Testimonials

M.S., Chicago, IL

"Neal Gainsberg represented me in a personal injury case after a vehicle struck a motorcycle that I was riding on. Neal made sure I understood my rights as an injured party, and that I was receiving the proper medical attention. He did a great job in negotiating a settlement with the insurance company and making sure all my medical bills were paid and that I was compensated for my injuries and loss time at work. I recommend Neal as a lawyer to anyone who unfortunately is injured in an accident."

M.S., Chicago, IL

Gainsberg Law P.C.
5.0
2016-11-21T16:41:13+00:00

M.S., Chicago, IL

"Neal Gainsberg represented me in a personal injury case after a vehicle struck a motorcycle that I was riding on. Neal made sure I understood my rights as an injured party, and that I was receiving the proper medical attention. He did a great job in negotiating a settlement with the insurance company and making sure all my medical bills were paid and that I was compensated for my injuries and loss time at work. I recommend Neal as a lawyer to anyone who unfortunately is injured in an accident."

M.T.G., Chicago, IL

"Neal Gainsberg took my personal injury claim against large store after I fell on water and injured my knee and back. The store employees disputed that anything happened and the manager accused me and my son, who witnessed the fall, of making it up. Neal brought a lawsuit against the store, took several depositions of the store employees, and obtained a great settlement for me and my family. Neal fought hard on my case, and I was very pleased with the results."

M.T.G., Chicago, IL

Gainsberg Law P.C.
5.0
2016-11-21T19:18:57+00:00

M.T.G., Chicago, IL

"Neal Gainsberg took my personal injury claim against large store after I fell on water and injured my knee and back. The store employees disputed that anything happened and the manager accused me and my son, who witnessed the fall, of making it up. Neal brought a lawsuit against the store, took several depositions of the store employees, and obtained a great settlement for me and my family. Neal fought hard on my case, and I was very pleased with the results."

N.S., D.S., Chicago, IL

"Neal Gainsberg was our lawyer in a car accident case. We were both injured in addition to our 16 month old daughter. Even though the other driver ran the red light and we had witnesses of her illegal conduct, her insurance company at first denied our claim and said it was our fault. We hired Neal and he fought the insurance company hard. Without having to go to court, he was able to convince the insurance company that it was their driver’s fault. Neal got a great settlement for us and our child within three months of the accident. We were very happy with Neal, he kept us informed about everything, and eased our stress from the accident. If you want an excellent car accident attorney, you need to hire Neal!"

N.S., D.S., Chicago, IL

Gainsberg Law P.C.
5.0
2016-11-21T19:33:43+00:00

N.S., D.S., Chicago, IL

"Neal Gainsberg was our lawyer in a car accident case. We were both injured in addition to our 16 month old daughter. Even though the other driver ran the red light and we had witnesses of her illegal conduct, her insurance company at first denied our claim and said it was our fault. We hired Neal and he fought the insurance company hard. Without having to go to court, he was able to convince the insurance company that it was their driver’s fault. Neal got a great settlement for us and our child within three months of the accident. We were very happy with Neal, he kept us informed about everything, and eased our stress from the accident. If you want an excellent car accident attorney, you need to hire Neal!"

E.S., Chicago, IL

"Neal Gainsberg represented me in my Chapter 13 case. He knew all the details about bankruptcy and my case, explained everything to me in the beginning, made every issue easy to understand, and provided the help I needed during the five years of the plan. As a result of Neal’s legal assistance, I was able to make all my plan payments and get a fresh start. I highly recommend that anyone considering bankruptcy to give Neal a call."

E.S., Chicago, IL

Gainsberg Law P.C.
5.0
2016-11-21T19:22:30+00:00

E.S., Chicago, IL

"Neal Gainsberg represented me in my Chapter 13 case. He knew all the details about bankruptcy and my case, explained everything to me in the beginning, made every issue easy to understand, and provided the help I needed during the five years of the plan. As a result of Neal’s legal assistance, I was able to make all my plan payments and get a fresh start. I highly recommend that anyone considering bankruptcy to give Neal a call."

K.R., Chicago, IL

"After my former lawyer refused to continue with my auto accident case, Neal Gainsberg took over the case, and he was able to obtain a settlement for the other driver’s policy limits. He was actively involved in my case, returned all my calls, and explained any issue that I had during the case. After I spoke with Neal, he was able to resolve any problems or issues. Neal provided exceptional representation against the insurance company for the other driver. Since Neal settled my case, I have recommended him to my family members and friends. If you have a legal issue, you should call Neal and hire him to be your attorney."

K.R., Chicago, IL

Gainsberg Law P.C.
5.0
2016-11-21T19:21:53+00:00

K.R., Chicago, IL

"After my former lawyer refused to continue with my auto accident case, Neal Gainsberg took over the case, and he was able to obtain a settlement for the other driver’s policy limits. He was actively involved in my case, returned all my calls, and explained any issue that I had during the case. After I spoke with Neal, he was able to resolve any problems or issues. Neal provided exceptional representation against the insurance company for the other driver. Since Neal settled my case, I have recommended him to my family members and friends. If you have a legal issue, you should call Neal and hire him to be your attorney."

L.S., Chicago, IL

"Neal Gainsberg was an excellent attorney. He explained everything to me and made the process very easy. He was available to answer any questions and provided the help and representation that I needed. I would use Neal again if I had another legal issue. I urge anyone who is looking for a lawyer to call Neal."

L.S., Chicago, IL

Gainsberg Law P.C.
5.0
2016-11-21T19:24:30+00:00

L.S., Chicago, IL

"Neal Gainsberg was an excellent attorney. He explained everything to me and made the process very easy. He was available to answer any questions and provided the help and representation that I needed. I would use Neal again if I had another legal issue. I urge anyone who is looking for a lawyer to call Neal."

V.S.G. and M.G., Richton Park, IL

"Neal is a great attorney. He helped us with several legal issues, including obtaining a large settlement for us following a car accident. He worked very hard on our case from the start, answered all our phone calls and questions, and kept us continually updated. Since then, we have used Neal for other civil matters. We have known Neal for over 13 years, and call him whenever we have a legal question. We know Neal will be there to help us."

V.S.G. and M.G., Richton Park, IL

Gainsberg Law P.C.
5.0
2016-11-21T19:25:43+00:00

V.S.G. and M.G., Richton Park, IL

"Neal is a great attorney. He helped us with several legal issues, including obtaining a large settlement for us following a car accident. He worked very hard on our case from the start, answered all our phone calls and questions, and kept us continually updated. Since then, we have used Neal for other civil matters. We have known Neal for over 13 years, and call him whenever we have a legal question. We know Neal will be there to help us."

L.G., Chicago, IL

"Neal Gainsberg helped me obtain long-term disability benefits. The insurance company denied my claim and cutoff my benefits even though I was set for surgery and there was no way I could work. Neal collected my medical records and letters from my doctors and had my benefits reinstated. I have had no issues with the insurance company once I hired Neal."

L.G., Chicago, IL

Gainsberg Law P.C.
5.0
2016-11-21T19:19:37+00:00

L.G., Chicago, IL

"Neal Gainsberg helped me obtain long-term disability benefits. The insurance company denied my claim and cutoff my benefits even though I was set for surgery and there was no way I could work. Neal collected my medical records and letters from my doctors and had my benefits reinstated. I have had no issues with the insurance company once I hired Neal."

J.T., Chicago, IL

"Neal Gainsberg was a great lawyer. He represented me at a small claims trial and obtained a great result. Neal was there for me and answered all my questions even though my case was not that large."

J.T., Chicago, IL

Gainsberg Law P.C.
5.0
2016-11-21T19:21:23+00:00

J.T., Chicago, IL

"Neal Gainsberg was a great lawyer. He represented me at a small claims trial and obtained a great result. Neal was there for me and answered all my questions even though my case was not that large."

R.P., Chicago, IL

"Neal Gainsberg is a smart and an aggressive lawyer. He did a great job on my case. He helped me with a money dispute with a former friend and obtained a judgment for me. Neal listened and paid attention to any question I had, answered my calls right away, and was there for me at every point during the case. He knew exactly what to do in court. If you are looking to get compensation, I highly recommend that you hire Neal."

R.P., Chicago, IL

Gainsberg Law P.C.
5.0
2016-11-21T19:35:21+00:00

R.P., Chicago, IL

"Neal Gainsberg is a smart and an aggressive lawyer. He did a great job on my case. He helped me with a money dispute with a former friend and obtained a judgment for me. Neal listened and paid attention to any question I had, answered my calls right away, and was there for me at every point during the case. He knew exactly what to do in court. If you are looking to get compensation, I highly recommend that you hire Neal."

J.O., Indiana

"Neal Gainsberg at first represented me in a Chapter 13 Bankruptcy case. He explained everything to me and developed a payment plan that I could afford. Whenever I had any questions, Neal responded quickly to any emails or phone calls. Unfortunately, I lost income during my plan, and Neal recommended that I convert the case to a Chapter 7 case. Despite my worries about my finances, Neal made everything easy for me, converted the case, and made sure that I received a fresh start. Neal was very knowledgeable about bankruptcy law, and I highly recommend him as a bankruptcy lawyer."

J.O., Indiana

Gainsberg Law P.C.
5.0
2016-11-21T16:42:07+00:00

J.O., Indiana

"Neal Gainsberg at first represented me in a Chapter 13 Bankruptcy case. He explained everything to me and developed a payment plan that I could afford. Whenever I had any questions, Neal responded quickly to any emails or phone calls. Unfortunately, I lost income during my plan, and Neal recommended that I convert the case to a Chapter 7 case. Despite my worries about my finances, Neal made everything easy for me, converted the case, and made sure that I received a fresh start. Neal was very knowledgeable about bankruptcy law, and I highly recommend him as a bankruptcy lawyer."
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