In today’s digital world, social media is a part of everyday life. However, if you are pursuing a personal injury claim, what you post online could harm your case — even if it seems harmless.
Insurance companies and defense attorneys actively monitor social media accounts to find posts, photos, or comments that might contradict your claims. A single post, even if taken out of context, could weaken your credibility, reduce your settlement, or even result in your case being dismissed.
How Social Media Can Work Against You
💬 Your posts can be used as evidence.
Anything you post — whether it’s on Facebook, Instagram, Twitter, TikTok, or LinkedIn — can be used against you in court. Even posts made before your accident may be scrutinized.
📸 Pictures can contradict your injury claims.
Imagine you claim to have severe back pain but post a picture of yourself at a social event. Even if the image doesn’t tell the full story, the opposing party may argue that your injuries aren’t as severe as you claim.
👥 Friends’ and family’s posts can also hurt you.
Even if you avoid posting, someone tagging you in a photo, checking you into a location, or mentioning you in a comment could be evidence against your case.
💼 Employment-related posts can affect lost wage claims.
If you’re seeking compensation for lost wages but post about new work opportunities, side gigs, or vacation plans, the defense could argue that you are more capable of working than your claim suggests.
3 Key Tips to Protect Your Personal Injury Claim.
🔒 1. Don’t Post About Your Accident.
Avoid sharing details of the incident, your injuries, or your legal case online. Once information is public, you lose control over how it’s used, and the defense can twist your words against you.
📵 2. Avoid Posting Photos or Status Updates About Your Activities.
Even something as simple as a check-in at a restaurant or a picture with friends could be used to suggest that your injuries aren’t as severe as you claim. Stay off social media or keep posts minimal and unrelated to your case.
🚫 3. Don’t Discuss Your Employment or Finances Online.
If you claim lost wages but post about a job interview or side hustle, the defense could argue that you aren’t actually suffering financially. Keep all employment-related discussions offline.
Final Thoughts: Less is More on Social Media
Insurance companies and defense attorneys scrutinize social media, looking for evidence to discredit your claim. Even innocent posts or comments taken out of context can damage your case.
To protect your claim and maximize your compensation, consider: ✔ Setting your social media accounts to private (though this does not guarantee complete privacy). ✔ Avoiding social media entirely while your case is ongoing. ✔ Consulting with a personal injury attorney before posting anything that could impact your case.
Your best move? Stay offline and let your lawyer handle the case. A single post isn’t worth jeopardizing your settlement.
Cooper Levenson is a full-service law firm established in 1957. Kathleen F. Beers, Esq. handles personal injury law and can be reached at kbeers@cooperlevenson.com or by calling (609) 572-7570