How social media can destroy your personal injury claim

How often do you post on your social media accounts? Most of the time, posting updates about your life online is harmless fun. But if you’ve been hurt in a car crash, workplace accident, or other incident and plan to file a personal injury claim, even a simple social media post can hurt your case. 

Our Lake Charles personal injury attorneys usually recommend pausing your social activity while your case is pending, because anything you post can and will be used against you. Let’s take a closer look at how your social media presence affects your personal injury case.

How can defense lawyers use my social media posts against me?

Let’s use Anne as an example. Anne got into a car crash and suffered whiplash, a broken wrist, facial lacerations, and deep contusions all over her body. She’ll recover but needs surgery and will probably miss at least a few weeks of work. 

Anne listened to her lawyer and didn’t post about the accident on her social media platforms, but she did post a picture on Instagram of her out for brunch with friends, updated her LinkedIn with news about a new work project she’s taking on, and made a few TikToks of her doing dances with her niece. Harmless, right?

Here’s how the defense can use her posts against her:

• The photo on Instagram shows her full face, with no scarring or lacerations. It also shows her arms and shoulders, which have no bruises. Now, Anne could have covered her face with make-up, or this picture may have been taken after she healed, but the defense can claim that she’s lying about facial scars and painful bruising.
• Her LinkedIn update indicates that she’s back at work and has been given a lucrative assignment. The defense can argue that her injuries didn’t prevent her from working. But the truth may be that she’s doing this project as an accommodation from her employer because of her limited range of motion and injuries.
• The defense could use her doing TikTok dances with her niece to challenge her claim of whiplash. However, a closer look shows Anne sitting down and only moving her hands.

One thing you can count on, especially if your case goes to trial, is that the defense lawyers will use anything they can find out about you online to contradict your claim of injuries, pain, and suffering. Your lawyer will point out the truth of your posts, but the jury may still have doubts.

To be safe, avoid posting anything at all on your socials for the duration of your personal injury legal proceedings.

Social media dos and don’ts for personal injury plaintiffs

We recommend listening to your lawyer’s advice about social media and your claim, which will likely include many of our tips:

Social media “don’ts”

Don’t post any photos of yourself while your case is pending. Even if your injuries are clearly visible, or even if you’re wearing a cast or neck brace, defense lawyers may paint the photo in a bad light.

Don’t accept any new friend requests. Even if you’re not posting anything, your new “friend” could be a private investigator working for the defendant or their insurance company, doing a deep dive into your online life to discredit you. 

And while social media privacy laws are evolving, users still face serious risks of information misuse, even with strict privacy settings in place. Some state and federal laws offer protections, but they’re often limited, especially when it comes to legal discovery in a personal injury claim.

Don’t assume that anonymous platforms are completely anonymous. Sites like Reddit or Discord have “anonymous” usernames and don’t require personal verification to set up an account. However, even posting under an anonymous screen name could be traced back to you.

Don’t post anything about the case. Don’t talk about any legal details, don’t mention the defendant, and don’t post updates.

Social media “dos”

Do set your profiles to private for the duration of the case. This can help prevent casual browsers from seeing anything about your life.

Do ask your friends and family to avoid posting anything about you on their social profiles. The defense can look at your friends list and review their profiles, looking for reasons to discredit you.

Do monitor your social media to ensure that you’re not tagged in a post by someone you haven’t talked to about the case. Un-tag yourself and contact your friends to ask them to remove the post, just in case.

Social media can affect the outcome of your claim. Heed your personal injury lawyer’s advice, and be very cautious about online activity.

Protect your case by protecting your online presence

Being cautious about what you post online may feel like overkill, but it can make a real difference in the outcome of your personal injury case. Even innocent photos or comments can be taken out of context and used by insurance companies to question your injuries, your credibility, or the impact the accident has had on your life. 

Protecting your claim means protecting your privacy, and that starts with your social media. If you’re unsure about what to post or how to handle your accounts during this time, speak with an experienced personal injury attorney who can guide you.

Have you been hurt in an accident you didn’t cause? We can help you. Contact The Johnson Firm today at  (337) 433-1414 for a free consultation.