In today’s digital world, social media is a major part of daily life. Whether posting a weekend getaway on Instagram, updating a status on Facebook, or sharing a video on TikTok, people often don’t think twice before sharing details about their lives online. However, if you’ve been injured in an accident and are pursuing a personal injury claim, your social media activity can significantly impact your case—often in ways you may not expect.
Insurance companies and defense attorneys know that social media can be a goldmine of information. They actively monitor claimants’ online activity, looking for any post, photo, or comment that could be used to undermine their claims. In this post, we’ll explain how social media can hurt your personal injury case and what you can do to protect yourself.
How Insurance Companies Use Social Media Against You
Insurance companies are in the business of minimizing payouts. If they can find a way to question the severity of your injuries or your credibility, they will. Here are some of the ways they might use your social media activity against you:
- Contradicting Your Injury Claims
If you claim to have suffered a serious injury but post photos of yourself hiking, at the gym, or engaging in activities that seem physically demanding, insurers may argue that your injuries aren’t as severe as you claim. Even something as simple as a picture of you smiling at a family event can be misinterpreted to suggest that you are not in pain.
- Downplaying Your Pain and Suffering
In personal injury cases, compensation is often awarded for pain and suffering. However, if you post cheerful updates, vacation photos, or check-ins at social events, insurance companies may argue that your injuries are not significantly affecting your quality of life.
- Using Your Own Words Against You
Even seemingly harmless posts can be twisted against you. For example, if you post, “Feeling great today!” or “Finally getting back to normal,” the defense could use that as evidence that you are not suffering as much as you claim.
- Checking Your Friends’ and Family’s Posts
Even if you avoid posting yourself, others might tag you in photos, mention you in comments, or share updates about activities you’ve participated in. These posts can still be found and used against you.
Best Practices for Social Media During a Personal Injury Case
To protect your case, consider following these best practices:
- Limit or Stop Social Media Use
The safest approach is to stay off social media entirely until your case is resolved. If you don’t post, there’s nothing that can be used against you.
- Adjust Your Privacy Settings
Make your social media accounts private so that only close friends and family can see your posts. However, be aware that even private posts can be accessed through legal discovery or by a friend sharing them. More importantly, see number one above!
- Avoid Discussing Your Case Online
Never post anything about your accident, injuries, medical treatment, or legal case. Even a vague status update like “Some people just don’t know how to drive” can be used against you.
- Ask Friends and Family Not to Tag You
Inform your close contacts that you are involved in a legal case and ask them not to tag you in posts, check-ins, or photos.
- Be Cautious with New Friend Requests
Defense attorneys sometimes create fake profiles to try to gain access to private social media accounts. If you receive a friend request from someone you don’t know, it’s best to ignore it.
- Think Before You Post
If you decide to continue using social media, always ask yourself: “Could this post be used against me in court?” If there’s any doubt, don’t post it.
Final Thoughts
Social media can be a powerful tool, but during a personal injury case, it can also be a major liability. Insurance companies and defense attorneys are always looking for ways to minimize or deny claims, and your online activity can give them the evidence they need to challenge your case.
If you’ve been injured in an accident and are pursuing a claim, it’s crucial to be mindful of what you post online. Even better, consult with an experienced personal injury attorney who can guide you on the best ways to protect your case.
At Burns & Jain, we have years of experience fighting for injury victims in Massachusetts. If you have questions about your case, we’re here to help. Contact us today for a free consultation. Call 617-227-7423.