Can Posting on Social Media Hurt My Personal Injury Case?

Posting on social media daily seems, to most, like a harmless activity. Truthfully, in most situations it is — except if you have been injured in an accident and are pursuing a personal injury claim. What you post could potentially be used by the insurance companies and the other people involved in your accident.

How can social media affect a personal injury claim?

For the duration of your personal injury claim, consider social media platforms as a private investigator. The insurance companies are looking for information that could reduce the value of your claim, so any photos, videos, comments, or even check-ins at a location may end up as part of their internal investigation.

Here's an example. You are involved in an accident, you claim you now have significant back pain, and you can no longer go about some of your daily activities. Fast forward to a week later — you are out with friends, and someone posts a group photo at dinner, or a concert, or even you on vacation. The insurance company could use those images to argue your injuries are not as serious as you claim they are.

What should I avoid posting after an accident?

No one is suggesting that you stay off social media completely after an accident with pending litigation, but there are some things you should avoid posting about:

• Details and images of the accident
• Who you believe was at fault
• Anything having to do with your lawsuit
• Images of you engaging in any physical activity, including vacations
• Comments about how you are feeling, positive or negative

Not sure? Don't post

Just because your social media accounts are set to private does not mean that what you post can't be found. If you aren't sure whether you should post, then don't. It's the safest way to prevent anyone from using information against you or your case.

If you have been injured in an automobile accident, slip or trip and fall, construction accident, or any other incident where you sustained injuries, call us. Our consultations are free, and we do not collect any money unless you are compensated.