Skip to main content
Process

How does social media affect my personal injury case?

Social media can seriously damage your personal injury claim, and insurers and defense attorneys routinely monitor claimants' accounts looking for evidence to undermine their case. A single photo, comment, check-in, or activity post can be taken out of context to contradict your claimed injuries. For example, a photo of you smiling at a family gathering can be used to argue you are not in pain; a post about going hiking, dancing, or lifting something can be used to dispute physical limitations; even friends tagging you in old or unrelated photos can create misleading impressions. Defense attorneys can also obtain private posts through discovery in litigation, so privacy settings do not fully protect you. The safest practices while your case is pending are: do not post anything about the accident, your injuries, your treatment, or your case; do not post photos or updates about physical activities; ask friends and family not to tag you or post about you; do not delete existing posts once a claim is anticipated, because deleting content can be considered spoliation of evidence and create separate legal problems; and adjust your privacy settings to the most restrictive level. The simplest rule is to assume that anything you post may be seen by the insurance company and used against you, and to discuss your social media use with your attorney.

For informational purposes only. Not legal advice. Consult a licensed attorney.

Related Topics

social media personal injury casesocial media hurt injury claiminsurance monitor social media injuryposting online during injury case

More Process Questions