When you’re pursuing a personal injury claim, every move counts—including what you share on social media. While Facebook, Instagram, and X can keep you connected, what you post may impact the outcome of your case more than you realize.
Insurance companies and defense attorneys often turn to social media to gather evidence that might undermine a personal injury claim. Even seemingly innocent posts can be taken out of context and used to dispute the severity of your injuries, your pain and suffering, or your account of the accident.
Here are some common ways social media content can impact your case:
If you claim you’ve suffered significant injuries but post photos of yourself engaging in physical activities, insurers may argue that your injuries are exaggerated or even fabricated. Even activities like walking, gardening, or light exercise can be used against you to challenge your claim.
Social media posts can establish a timeline that could conflict with your statements about the accident. For instance, if you post photos or check-ins at locations that suggest you were in good health or not injured soon after the accident, it could be used as evidence against your claim.
The things you say online, even as responses to friends or family, can be interpreted to minimize your injuries or suffering. For example, lighthearted comments about “feeling fine” or “getting back to normal” can imply that your injuries aren’t as severe as you claim.
Geotagging or checking in at certain locations can reveal that you’re active, traveling, or participating in events, even if you’re genuinely struggling with an injury. Defense attorneys may use this information to argue that you aren’t as limited as you claim to be.
To safeguard your personal injury claim, it’s essential to be mindful of your social media activity. Here are some best practices to consider:
Setting your accounts to private won’t guarantee that all content is hidden, but it does add a layer of protection. However, keep in mind that a court may still access private content if it’s deemed relevant to your case.
Refrain from mentioning anything about your accident, injury, or lawsuit on social media. Discussing the details publicly, even in vague terms, can be detrimental to your case.
Avoid sharing photos or videos, even those that don’t seem directly related to your case. Pictures of you on vacation, attending events, or engaging in any physical activity can easily be misinterpreted as evidence that you’re less injured than you claim.
Ask friends and family not to tag you in posts, photos, or locations. Their posts could be used as indirect evidence about your activities, location, or overall health.
Even well-meaning friends and family may ask about your recovery. Avoid responding to these inquiries online to prevent unintentionally providing evidence that could be used against you.
While insurance companies can’t access your private information without permission, the court may allow it if there’s reason to believe that relevant information is stored on your social media profiles.
Speak to your attorney immediately. They can advise on how best to address this, but avoid deleting content, as this can be seen as tampering with evidence.
If you’re pursuing a personal injury claim in New York, having an experienced attorney by your side can make a significant difference. At Salenger, Sack, Kimmel & Bavaro, we understand the challenges our clients face and are dedicated to protecting your right to fair compensation. Our team is here to advise you on every aspect of your case—including how to handle social media—to ensure the best possible outcome.