Social Media and Your Personal Injury Claim

Social Media and Your Personal Injury Claim

Today, social media has become a vital part of everyone’s life. According to the Pew Research Center, over 65 percent of American adults use social media every day. Social networking sites are avenues where people post photos, communicate with friends and family, and share their experiences. If you are involved in an accident and have an injury claim, personal injury lawyers will highly recommend you be mindful of your social media postings.

Being careful about what you share on social media should always be practiced. This advice generally often relates to job searching or family matters. However, it is just as critical in personal injury cases. People tend to post significant life events on social media. And even if involvement in any accidents can be daunting, it’s like second nature to us to go online and post all about it on social media. You’re also left with mounting medical bills and how you’ll navigate the legal recourse to retrieve compensation from the responsible parties. Most importantly, if you are a victim of a negligent act, we understand how vital it is to get all the support you can have.

Personal Injury Victims Deserve Compensation

When someone files a personal injury suit, it’s commonly because they’ve endured an injury. From broken bones to chronic pain, personal injury refers to any physical or psychological injuries due to someone else’s negligence. Experienced and reliable personal injury lawyers can help you get the compensation you are entitled. This money is usually put towards medical expenses and restoring affected properties.

As an accuser, other parties involved may undermine your words; they’ll go the great lengths, even monitoring your current and digging up your old social media posts. And these posts can be used against you during the personal injury proceedings. To evade this, you have got to be smart about what you choose to make public online. Your posts may seem innocuous and inoffensive; however it could also be damaging to your reputation as well as your case.

Social Media as Evidence

The courts have long realized the power social media holds. As a matter of fact, information and data found on social media are often deemed as an origin of unrivaled evidence. What we post or say on the web never goes away – even after it’s been deleted. Thus, it’s common to submit social media posts as evidence in court – and usually, they hurt a case more than support it.

For instance, say you were a car accident victim, and you suffered whiplash. If following the accident, you post pictures on social media taking part in normal activities without wearing a brace. A jury might conclude that you were not truthful in your claim. With one social media post, you dismantle your credibility. While this example is obvious, personal injury victims don’t usually hyperbolize the scope of their injuries. A more common event is when you publish social media posts that affect the compensation you’re entitled to for emotional damages or mental anguish.

Putting Your Best Foot Forward Can Receive Backlash

When it comes to refuting subjective claims such as emotional anguish or psychological damages, it’s easy to twist evidence as it is. But as it relates to social media, it’s even easier to do so. People tend to filter their posts and photos to make it seem like they have a socially desirable and accepted life. We don’t post pictures that will reveal any feelings of embarrassment, sadness, or loneliness, even if that’s how we honestly feel.


Many assume that our social media profiles fall under personal privacy. However, it’s just not true. Your social media activities are considered public record and may be subject to investigation – even if you set them to private.

Social Media Don’ts When Dealing with Personal Injury Claims

We’re not saying you should deactivate your social media accounts for good. When it comes to injury claims, personal injury lawyers are the best source of what is and isn’t okay to post. Generally, these are the things you should remember:

  • Don’t post anything about your claim.
  • Don’t talk about your medical diagnosis.
  • Don’t share any conversations with your lawyer or with the insurance company.

During the claim proceedings, try to avoid posting altogether. Keep in mind that anything and everything you choose to post will most likely be used against your claim – even if it’s a harmful GIF or emoticon.

Daniel L. Fischer

As a Family and Divorce Lawyer practicing for more than 30 years, I sometimes handle other types of cases for longstanding clientele. I’ve been happily married to my college sweetheart for over 36 years. Together we have 6 grown children and 9 grandchildren that make our world go round.