How Can Social Media Posts Impact a Personal Injury Claim?

If you’ve recently been injured in an accident, it’s perfectly natural to want to hop onto Facebook, Instagram, or Twitter and update friends and family about what happened. Maybe you’ve already posted, “I’m okay!” or even shared a photo with a lighthearted caption to reassure loved ones. However, while your intentions are good, those posts may come back to haunt you.

At Lafferty, Gallagher & Scott, we’ve spent over 50 years helping accident victims maximize compensation. Unfortunately, we’ve seen far too many cases where social media activity has created complications for claimants. In this post, we’ll shed light on how social media can impact your injury claim so you can move forward cautiously.

The Double-Edged Sword of Social Media in Legal Cases

Social media is a treasure trove of information—insurance companies are keenly aware of this. Their lawyers will often comb through profiles and posts to uncover evidence that can weaken your claim.

Here’s how your social media activity can be used against you:

• Undermining your injuries: Posting photos or videos of yourself exercising, traveling, or attending events can be used to argue that your injuries aren’t as severe as you claim.
• Inconsistent statements: If what you post on social media doesn’t match what you say in a legal deposition, it can raise red flags and lead the opposing party to question your credibility.
• Proof of negligence or fault: Your social media posts could provide evidence of negligence or wrongdoing. For example, if you post pictures of yourself drinking before driving and getting into an accident, it could be used to argue that you were under the influence, potentially damaging your case.
• Revealing confidential information: Sharing details about your ongoing legal matter on social media can harm your case by revealing confidential information. Remember, anything you post online is public and can be used against you in court.
• Misrepresentation of facts: If you post false or exaggerated information on social media to gain sympathy, it can hurt your legal case by undermining the credibility of your claims.
• Impacting jury perception: Even though jurors are instructed not to research or discuss the case outside the courtroom, they might still come across your social media activity. This exposure could influence their perception of your case and affect the outcome.

Tips for Using Social Media During Litigation

While the thought of managing your online presence during an ongoing personal injury claim might feel frustrating, following these steps can help prevent issues:

1. Avoid Posting Altogether

The best course of action is to avoid social media entirely. Deactivating your accounts for the duration of the case ensures there’s no fresh content for opposing counsel to investigate.

2. Adjust Your Privacy Settings

Make your social media profiles private to limit who can see your posts. However, remember that even private posts can sometimes be accessed through legal discovery.

3. Review and Archive Old Posts

Scan through your existing posts and see if anything could be misinterpreted or deemed harmful to your case. Be cautious here, as erasing posts may be viewed as destruction of evidence.

4. Stay Silent on Your Case

Never discuss your personal injury case or accident details online, even in private messages. Innocuous statements can be twisted out of context and used against you.

5. Skip the Photos

Refrain from posting new photos, as even unrelated images can be misconstrued or scrutinized unfairly.

6. Inform Family and Friends

Ask those close to you not to tag or share updates about you during the litigation process. Third-party posts can be just as damaging as your own.

7. Log Out Regularly

By logging out of your accounts, you can reduce the temptation to post impulsively or leave accidental activity that could harm your case.

By maintaining a “less is more” approach to sharing online, you’ll minimize risks and allow the focus to remain on your claim.

Already Posted? An Attorney Can Help You

If you’ve already shared something on social media, don’t panic. A personal injury attorney can review your posts and assess how they might impact your case. With their experience, they can develop a strategic plan to address potential issues, ensuring that your claim remains as strong as possible.

The Final Word on Social Media: Tread Carefully

Throughout your personal injury claim, always remember this simple rule of thumb: think before you post. Social media is a powerful tool, but during litigation, it’s a risk that’s often better avoided altogether.

At Lafferty, Gallagher & Scott, we’re here to stand by your side, guiding you through every challenge and maximizing your chances of a favorable outcome. If you’ve been injured and need trusted legal support, contact us today for a consultation. Together, we’ll help ensure your claim is as strong as possible.