Deleted Posts Aren’t Really Gone: What Courts Say About Social Media Evidence

After an accident, many people instinctively scroll through their social media accounts and delete anything that could look questionable. It might feel like a way to protect yourself, but in reality, deleting posts can do more harm than good. Courts treat social media as evidence, and removing content after a claim has been filed can create serious problems for your case.

Below, our friends from Hayhurst Law PLLC discuss this matter.

Courts On Deleting Posts

Judges across the country have made it clear that social media is subject to discovery during litigation. This means your posts, photos, and even comments can be requested by the other side. If you delete content after an accident, the court may view it as “spoliation of evidence.” Spoliation is the destruction or alteration of evidence that could have been relevant to the case.

When a court finds spoliation, it can penalize the party who deleted the material. In personal injury lawsuits, this could result in fines, dismissal of part of the case, or instructions to the jury that they may assume the deleted content was unfavorable to you. What began as a well-meaning attempt to clean up your account could instead raise suspicion and weaken your credibility.

Deleted Does Not Mean Gone

Even if you remove a post from your profile, it may not truly disappear. Social media platforms often keep archives of deleted content that can be retrieved through subpoenas. In addition, screenshots or shares may already exist in the hands of others. Forensic experts can also recover digital content that was deleted. In short, once something is online, you should assume it can always be found.

A Better Approach

Instead of deleting, the safer option is to stop posting new content once you are involved in a lawsuit. Talk to your personal injury lawyer about old posts that may be concerning. In many cases, the best solution is to leave them as they are but be prepared to explain them if necessary. Attempting to erase them can create more trouble than the posts themselves.

You can also adjust privacy settings to limit who can see your past posts. While this is not a guarantee, it does reduce visibility to casual viewers. More importantly, communicate with your attorney before taking any action. They can advise you on what steps are appropriate and lawful.

Why Transparency Matters

Courts value honesty and consistency. When a jury hears that evidence was deleted, even if it was harmless, it can cast doubt on your entire case. Staying transparent with your attorney and avoiding attempts to “clean up” your accounts shows that you are not trying to hide anything.

Protecting Your Case In The Digital Age

In the digital world, deleted does not mean gone. Once you have filed a personal injury claim, your social media becomes part of the evidence that may be examined. Instead of removing posts, focus on avoiding new ones and working closely with your attorney to protect your case. Taking the right steps early on can prevent costly mistakes and keep your credibility intact.