Social media plays a significant role in our daily lives in our hyper-connected world. From sharing vacation photos to updating friends on life events, platforms like Facebook, Instagram, TikTok, and X (formerly Twitter) are an easy outlet for personal expression.
However, if you’re in the middle of a personal injury case, those posts could do more harm than good. What you share online may end up in court and be used against you.
Yes, Insurance Companies Are Watching
When you file a personal injury claim, the opposing party’s insurance company is not just reviewing your medical records and accident report—they’re likely reviewing your social media activity too. It is standard practice for defense attorneys and insurance adjusters to look for posts, photos, comments, and check-ins that could undermine your case.
For example, if you claim to have suffered a serious back injury, but post a picture of yourself hiking a trail or dancing at a wedding, that content can be used to argue that your injuries are not as serious as you’ve claimed. Even seemingly harmless posts—like a status update saying you’re “feeling great today”—can be twisted to discredit your pain and suffering.
What You Post Can Be Used as Evidence
Posts on social media are treated as public declarations. Even with a “private” account setting, a court may permit the opposing party to request those posts through a subpoena if it deems the material important to the case. This implies that your messages, images, videos, comments, and even deleted content could be presented as evidence.
Moreover, the investigation is not limited to your own profile—tagged images from friends or family, location check-ins, and shared content can also be included.
Common Social Media Mistakes to Avoid
To safeguard your personal injury case, avoid the following common missteps:
- Posting about the accident: Avoid discussing details of the accident, your injuries, or who was at fault.
- Uploading photos or videos: Even unrelated content can be misinterpreted to downplay your injuries.
- Engaging in arguments online: Heated online discussions can come across as volatile or inconsistent with the emotional distress you may be claiming.
- Accepting new friend requests: Be cautious of unfamiliar friend requests—they could be from investigators trying to access your content.
Consider Staying Quiet Online
We often advise clients to pause all social media activity while their personal injury case is ongoing. That includes Facebook, Instagram, TikTok, and even LinkedIn. If you must use social media, make sure to:
- Tighten your privacy settings
- Avoid posting anything personal or injury-related
- Ask friends and family not to tag you or mention your case
Even a single careless post can unravel weeks or months of progress in your case.
Let Your Lawyer Handle the Storytelling
Your story should only be shared in court or with your attorney. Personal injury cases rely on meticulously curated evidence, strategic legal approaches, and a clear account of how the accident affected your life. Context is often lost on social media, and controlling its interpretation becomes difficult once something is posted.
Contact Our Legal Team Today To Learn More
When pursuing a personal injury claim, it’s important to think twice before hitting “post.” Social media can feel like a safe space, but it’s often the first place opposing attorneys look for evidence to use against you.
At Wegmann Law Firm, we’re here to guide you through every step of your personal injury case, including helping you avoid common digital pitfalls. If you’ve been injured and are wondering what your next steps should be, contact us today for a free consultation. We’ll make sure your voice is heard—where it matters most.
