Is Your Social Media Being Watched: Read Junior Partners Garret Valerio’s and Joe Younes’ Insights in the August 2025 Issue of Advocate Magazine
BD&J is proud to announce the release of Junior Partners Joe Younes’ and Garret Valerio’s fascinating new article in the August 2025 issue of Advocate Magazine: “The digital minefield: Exposing and defusing social media surveillance at trial.”
Is Your Social Media Being Stalked by the Defense?
In Mr. Valerio’s and Mr. Younes’ fascinating article, they provide key insights into why it’s so important for clients to stay offline as much as possible. Defense counsel can and do use social media posts and videos to challenge client claims in trial. Many times, according to Mr. Valerio and Mr. Younes, this challenge may take the form of:
- Downplaying the severity of injuries
- Dismissing recovery needs
- Planting bias against the client for how they spend money or pursue hobbies
- Dismissing the amount of time spent out of work
To Bring the Strongest Claim Possible in Trial, Avoid Social Media
It goes without saying that clients should not post any information about their accident, injuries, recovery, or trial on their social media accounts. However, other posts that could seem benign may also be stalked and used as evidence that your injuries aren’t what you and your personal injury lawyer are claiming. Posts about nights out, trip you’ve taken, or milestones can be misconstrued to imply your injury is more minor and therefore, does not need as much compensation. To avoid being stalked, temporarily pause all social media posting or even deactivate your social media accounts.
Questions? Consult Your Personal Injury Lawyer at BD&J First Before Posting!
If you still want to post on your social media, make sure you run your posts by your personal injury attorney first before clicking “post.” They can review the content to ensure it won’t damage your claim. Also, notify your attorney if you receive follow or friend requests from any unknown accounts or notice a new face on your social media likes. It could be the Defense’s account trying to gather information.
Read More About How to Stay Safe Online During Your Case Here!
Read the complete article from Mr. Valerio and Mr. Younes here to learn more about how social can be used against you.
