Ask the Experts: Social Media + Lawsuits
Written by Josh Gropper on August 23, 2022
Guest Submission: Ask the Experts
Welcome to “Ask the Experts,” a burn community advice column. We know a strong support system is one of the most important factors in a successful recovery from a burn injury, so for this installment of our column, we focused on questions from loved ones looking for ways to support the survivor in their lives. While these submissions may be specific to a particular individual’s situation, all three questions are very common themes that many survivors and loved ones face on their journey.
Whether you’re a survivor, loved one, or burn support professional, we want to hear your questions and concerns—and nothing is off limits! Odds are, someone else is facing a similar challenge, and submitting your question can help them too. We want to tackle topics that matter to the burn community – and if we can’t answer your question or we know someone else who may be better able to help, we’ll tap other experts to share their knowledge. We want to know what's on your mind, from legal options to makeup techniques and everything in between.
Have a question? Submit your questions to resources@phoenix-society.org with the subject line "Ask the Experts."
Question: Social Media + My Lawsuit
Dear Experts,
I’m currently healing from a burn injury and am in the middle of a lawsuit. I’m a member of many Facebook groups for burn survivors but am scared to interact because I’m concerned that talking about my accident will be used against me in court. What am I allowed or not allowed to say? Can the court use what I share in private Facebook groups against me?
Anonoymous
Response from Joshua Gropper
Laws with respect to discovery or disclosure vary from state to state. If you are in the middle of a lawsuit, you should definitely consult with your attorney before posting anything anywhere that could be potentially incriminating. It’s not the Court that will potentially use something against you, though, it’s your adversary. And the trend lately is to allow more and more discovery retrieved from social media platforms – even those that are allegedly “private” forums so tread carefully – even in a burn survivor group. I would recommend if you connect with someone there that you take the conversation off-line; pick up the phone and talk with them if possible.
I always advise our clients to be careful about what, if anything, they post on social media. I have had clients claim under oath at their deposition that their injuries prevent them from traveling or performing various tasks, only to receive later copies of their social media pages/pictures where they are single-handedly hauling a giant Marlin onto their boat off the coast of Puerto Rico.
Be careful what you post!
Joshua Gropper is managing partner of Gropper & Nejat, PLLC with offices in New York and New Jersey. For 25 years, he has provided legal counsel that is helping families find justice and accountability. He has been selected as a Super Lawyer for eight years and running. Josh and his firm have also become partners of Phoenix Society’s mission and programs. Their support is creating access to community, peer support, information, and programming that is helping more people heal.And their readily available expertise is providing skilled representation to survivors across the nation. Stay connected with Phoenix Society for more legal resources throughout the year and don’t hesitate to reach out to Josh with your legal questions at (212) 366-4600.
Submit a Question
You've got questions, we've got answers! No question is off-limits. Odds are, someone else is facing a similar challenge, so send us your questions and help the whole community learn and grow.
Submit questions by email to resources@phoenix-society.org with "Ask the Experts" in the subject line. Our team will review all questions and select a few to answer for each issue.