Social Media Can have Catastrophic Effects on a Plaintiff’s Personal Injury Case

Today the world is watching everything that you post whether it be on Instagram, Twitter/X, Tik Tok, Facebook or Snap Chat. A large majority of the population actively uses various platforms to connect with people, obtain information, and communicate with others. Millennials account for the largest share of social media users at 37% total, followed by Gen X at 28% which is just slightly ahead of Gen Z which holds 25% of total users.

For many of us it is impossible to completely avoid social media as it is an easy way to stay connected. But for Plaintiff’s, following these practices can make all the difference in your case:

Social Media Do’s:

Maintain privacy settings:

Ensure your social media profiles are set to private to limit who can see your posts. When you are involved in a personal injury case all the details of your medical conditions and injuries can be accessed by the opposing party. The primary “do” is to limit your activity significantly and avoid posting anything that could be construed as contradicting your injury claims, such as re-posting a pre-accident photo of yourself while performing activities, such as skiing. (Yes, this happened to a client, and it nearly destroyed the client’s case until he could prove that it was a “throwback” photo).

Be cautious with “likes” and shares:

Only like or share content that is neutral and not related to your injury. Be mindful of friends who may tag you in their posts that might include photos of you while not in the best light. While you cannot control what your friends post, you can make them aware of the risk of anything they say being detrimental to your case.

Do not accept new requests from anyone you do not know, as they may be from the insurance company trying to gain access.

Consult your lawyer before posting:

Discuss ANY social media activity with your attorney before posting anything, even seemingly harmless content. Get the green light before posting the photo of you in heels at Aunt Betty’s wedding or the video of you showing your moves on the dance floor. While it may seem harmless to you it may not be to the opposing side, especially since they will not see how you pay for the 5 minutes of fun for many days later in excruciating pain.

Social Media Don’ts:

Do not post about your injury details:

Avoid sharing any details about your injury, pain-levels, or treatment details. In addition, do not post any photos of property damage or bodily injury.

Do not post pictures of activities that could contradict your claims:

Do not post pictures or videos engaging in activities that could appear to show that you are not as injured as you claim. Posting a photo of yourself swinging in an arial hoop or riding a camel in Egypt while on vacation are not great optics for a jury. (Yes, these were true events!).

Do not mention the other party or the case:

Do not name the other party involved in the accident or discuss the legal aspects of your case on social media.

Why are the above points important?

• Insurance Companies often hire private investigators to monitor the social media accounts of claimants and may use any information that may be contradictory to your claim in order to deny or reduce payment on a claim. For example, if you are claiming permanent injuries but post a photo of yourself as being present where certain physical activities are taking place – like attending events, exercising, or traveling – insurance companies or opposing attorneys may argue that your injuries are less severe that you claim. They might even suggest you are exaggerating or falsifying your injuries to receive compensation.
• Even innocent posts can be misinterpreted and used against you in court. So, avoid posting any updates, photos, or videos.

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