In 2025, using social media is second nature for most people. While it can be fun to post photos, share updates about your life, and comment on the world, what you post online could become a focal point of your personal injury case. When you’re involved in any legal situation, an innocent post could end up doing more harm than good. Whether you’re posting a selfie or checking in at a location, here are some of the ways that your social media activity could impact your personal injury case.
Private Posts Aren’t Always Private
Many people assume that their privacy settings protect them, but in a personal injury case, that’s not necessarily true. Defense attorneys and insurance companies may scour your public profiles for evidence that can be used to challenge your claim. Even private posts can sometimes be subpoenaed during the discovery process. A photo, video, or comment on a public profile that you thought was harmless might be twisted to suggest that your injuries aren’t as serious as you claimed.
For example, imagine receiving a severe back injury in a car accident. During your personal injury case, you post a picture that shows you lifting up your niece or playing sports. Even if the image doesn’t tell the full story, it could be used to raise doubts about the severity of your back jury and put your case in jeopardy.
Social Media Can Contradict Other Evidence
Consistency is key in any personal injury case. Your statements to doctors, lawyers, and the court must align with what you do and what documentation you provide to the court. If you are making claims that concern emotional distress or physical limitations, remember that insurance companies can take advantage of smiling photos of you on vacation or enjoying nights out with friends.
Insurance adjusters may argue that your upbeat posts contradict your claims of pain, suffering, or reduced quality of life. It doesn’t matter that social media often only shows the highlights of your life and moments where you feel happiest. Perception can make a huge impact on your case, and photos and videos that could be twisted by an insurance company can create a false picture of what your life is really like.
Tagging and Check-Ins Can Jeopardize Your Case
It’s not just your own posts that matter during a personal injury case! If your friends tag you in photos or check you in at locations, it can also create problems. For example, your friend might tag you in a post at a hiking trail or in a photo of you attending a party. Even if you were only present for a short time and didn’t engage in strenuous activity, it may cast doubt on your physical limitations or emotional distress.
To protect your personal injury case, it’s a good idea to ask friends and family not to tag you in posts or photos while your claim is pending. Depending on what social media platforms you are on, you can also disable tagging features and further limit who can see your online activity.
Our Best Tips for Navigating Social Media During a Personal Injury Case
If you’re currently involved in a personal injury case, here are some tips for navigating social media:
- Set all of your profiles to private. While this doesn’t make your posts completely safe, it adds a layer of protection.
- If possible, avoid posting at all until your case is resolved.
- Let family and friends know about your situation so they avoid posting about you or tagging you in photos, videos, or check-ins.
- Don’t delete old posts from your social media profiles. Deleting content after a case is filed could be seen as destroying evidence, which could hurt your claim.
- Don’t discuss your case online. Avoid posting about your accident, injuries, treatment, or legal proceedings. You never know what small statement could come back to haunt you in the future!
Contact Mobley & Brown, LLP for Help With Your Legal Needs
If you are involved in a personal injury case or you have questions about your rights after an accident, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.
