Schmidt, Sethi & Akmajian Blog

Why Your Lawyer Warns You About Social Media – Posting or Deleting Can Hurt Your Case.

Posted by Dev Sethi | Jan 21, 2026 | 0 Comments

One of the most common questions clients ask during a personal injury case is: “Why are you so focused on my social media?” After all, social media is how we stay connected to friends and family. It feels personal and casual at the same time.

In a lawsuit, it's none of those things.

Once you bring an injury claim, the defense insurance company and their lawyers begin looking for anything they can use to minimize or deny your case. Social media is one of their favorite tools. Photos, comments, check-ins, stories, and even “likes” can be taken out of context and used to argue that you aren't really injured, aren't suffering, or aren't being truthful.

A single photo smiling at a birthday party can be twisted into an argument that you're “fine,” even if the picture was taken during a brief good moment in an otherwise painful week. A post about traveling, exercising, or “pushing through” can be used to minimize very real injuries. Even old posts can resurface and be mischaracterized.

So why not just delete everything?

Because deleting posts after an injury or once a claim is anticipated can be a serious mistake. The law requires that evidence be preserved. Removing posts, photos, or accounts can be portrayed as “spoliation of evidence,” which can seriously damage your credibility—or worse, your entire case.

That's why your attorney may tell you three things at once:

·      Confirm your privacy settings and do not accept new friend requests, especially from people you do not know directly.

·      Don't post anything new about your life, activities, injuries, or recovery.

·      Don't delete or alter existing content.

This isn't about controlling your life. It's about protecting your case.

The safest approach during a personal injury claim is simple: go quiet on social media, preserve what already exists, tighten privacy settings, and when in doubt—ask your lawyer first. A strong case can be weakened by a single careless post. Our job is to make sure that doesn't happen.

About the Author

Dev Sethi

Dev Sethi litigates and tries a wide-range of complex injury and death cases throughout Arizona. He has Martindale Hubbell's highest rating, AV, and he is listed in "Best Lawyers." Dev is also recognized as an Arizona Super Lawyer in the area of plaintiff's products liability litigation.Dev has been at the forefront of auto product defect litigation. He played a key role in uncovering the Goodyear Load Range E tire scandal and worked to hold Ford Motor Company responsible for the danger posed by their now notorious 15-passenger vans. Dev is currently representing families in product liability suits against the nation's largest corporations including General Motors, Ford, Pentair Pools and Invacare.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Our team works together - for you!

Our award-winning lawyers are backed by a talented, caring team of legal professionals, paralegals, bilingual assistants, notaries, and others - all dedicated to you, your case, and the compensation you deserve.

No fees and no costs until we win.

As such we always have your case and your best interest in mind. When you win, we win too by providing the best legal care possible.

Thorough investigation and preparation.

We tirelessly and thoughtfully prepare every case we represent as though it was going to trial. This lets insurance companies know that we are a force to be reckoned with. As such, we settle successfully 98% of the time.