Social Media Posting During Your Personal Injury Claim: Dos & Don’ts
In today’s digital age, sharing on social media has become second nature for many. However, individuals often overlook the potential legal consequences of their online activity. Even seemingly harmless or trivial posts can be used as evidence in legal proceedings, including personal injury claims.
It's important to understand that content shared on social media—regardless of privacy settings—is generally considered public. Courts can access and admit this content as evidence. Moreover, deleted posts are not necessarily beyond reach; they may still be recovered and used during litigation.
Deleting posts immediately before or after an incident can further complicate matters, as this may be interpreted as an attempt to conceal evidence. Such actions can undermine the credibility of a claim and negatively impact the outcome of a case.
The most prudent approach is to exercise caution and discretion with all online activity. Be mindful that any social media post, photo, or comment can serve as a permanent and public record of your behavior. This is especially critical when you are involved in, or considering, a personal injury claim.
3 Ways Social Media Posts Can Impact A Personal Injury Lawsuit
As personal injury attorneys, we are acutely aware of how social media activity can influence the outcome of a personal injury case. For this reason, we provide clear and specific social media guidelines to every client at the outset of representation.
Content shared online can be used as evidence, either to support or undermine your claim. In our experience, there are three common ways in which social media posts can negatively affect personal injury cases:
- Undermining the Severity of Injuries: Photos or comments suggesting the claimant is more physically active or uninjured than stated can cast doubt on the legitimacy of the injuries reported.
- Indicating Shared or Greater Fault: Posts that imply recklessness, carelessness, or inconsistent accounts of the incident may shift the perception of fault, potentially increasing the plaintiff’s share of responsibility.
- Providing Support for Your Case: Conversely, social media can sometimes expose dishonesty or inconsistencies in the opposing party’s claims or defenses.
If you have been injured or involved in an accident and are considering filing a personal injury claim, we strongly advise suspending all social media activity until your case is resolved. Even the most innocuous posts can be misinterpreted or taken out of context in a way that undermines your credibility.
The golden rule during a personal injury case is simple: The less you post, the better.
How Social Media Can Affect Your Personal Injury Claim
Your posts can indicate that you have been dishonest
One of the most common—and damaging—ways social media can impact a personal injury claim is by presenting an image that contradicts the severity of your reported injuries. If you are seeking damages for serious physical or emotional harm, yet your online presence suggests otherwise, defense attorneys will likely use this against you.
Examples of problematic posts include:
- Sharing photos or updates from hikes, bike rides, vacations, or other physically demanding activities while claiming limited mobility or serious injury.
- Posting about work or being tagged in work-related content during periods for which you’ve claimed lost wages.
- Images showing you traveling, socializing, or enjoying nightlife can raise doubts about the extent of your pain, suffering, or restrictions.
- Posts made by friends or family that feature you engaging in activities inconsistent with your claimed limitations.
It’s important to remember that the defense will thoroughly examine your digital footprint in an effort to dispute or reduce the value of your claim. Anything posted online—by you or about you—can become part of the case record.
To protect your claim, avoid posting, sharing, or engaging on social media during your case. Even seemingly harmless content can be misinterpreted or used out of context to challenge your credibility.
Images that shed doubt on your honesty or lifestyle choices
The outcome of a personal injury case—and the amount of any potential settlement—often hinges on the concept of comparative negligence. Under this legal principle, compensation is allocated based on each party’s degree of fault. In other words, if you are found partially responsible for the incident, your damages may be reduced proportionally.
Social media can inadvertently provide evidence that influences how fault is assigned. For example, if your posts show you out late drinking with friends the night before an accident, it could raise questions about your alertness or sobriety at the time of the incident. Similarly, content showing you taking selfies while driving, or otherwise appearing distracted behind the wheel, can seriously undermine your claim.
Even posts made prior to the accident can affect your case. For instance, if you regularly participate in high-risk activities—such as dirt biking—or work in a physically demanding job, the defense may argue that your injuries were pre-existing or unrelated to the accident. In such cases, seeking immediate medical attention becomes critical to support your claim and establish a direct link between the accident and your injuries.
Ultimately, any content that suggests you may be partially—or fully—at fault can be used to challenge your case. Defense attorneys will scrutinize all available evidence, including social media, to minimize liability.
To protect your interests, it's essential to be mindful of how your online activity may be perceived and how it could impact your claim.
The other party’s posts could support your claims
In some cases, the social media activity of the other party involved in an accident may actually support your personal injury claim. This is one of the reasons why it is critical to obtain the name and contact information of all individuals involved at the scene.
Once you retain legal representation, your personal injury attorney can begin reviewing publicly available online content to identify any posts that may corroborate your version of events. Additionally, the other party’s social media activity may reveal patterns of behavior, lifestyle choices, or a disregard for safety and responsibility that could be relevant to your case.
Timely identification of individuals and the preservation of digital evidence can be instrumental in building a strong and credible claim.
What To Do & Not Do With Social Media After An Accident Or Injury
When pursuing a personal injury claim, it’s essential to approach social media with caution. Below are a few key recommendations to help protect the integrity of your case.
DO: Minimize or eliminate social media activity entirely.
Limiting your online presence not only reduces the risk of posts being misinterpreted or used against you but also reinforces the credibility of your claim by reflecting a genuine change in your daily habits and lifestyle following the incident.
DON’T: Delete existing posts without legal guidance.
As noted earlier, anything posted online—regardless of privacy settings—is considered part of the public domain and may be accessed by attorneys, law enforcement, or private investigators. Maintaining a responsible and consistent online presence is important.
If you have previously shared content that could potentially harm your personal injury case, do not delete it without first consulting your attorney. Deleting posts—especially immediately before or after an incident—can raise red flags. Even removed content can still be retrieved, and the timing of deletions may be portrayed by the defense as an attempt to conceal evidence.
To avoid unnecessary complications, always speak to an attorney before altering or removing any online content once a claim is underway.
DO: Ensure all online content aligns with your legal claims.
We recognize that social media is a meaningful way to stay connected with friends, family, and your broader community. Sharing your experience is understandable, but it's essential that anything you post publicly is consistent with the claims made in your personal injury case.
For example, if you’ve sustained a serious knee injury, avoid posting photos that could be misinterpreted—such as an image from a hike—even if the activity was minimal or assisted. A brief moment standing for a photo, especially without context, can be misleading. Similarly, if you're required to wear a medical device such as a brace, ensure it is visible in any image you choose to share.
Consistency between your documented injuries and your online presence is critical. Even well-intentioned posts can be taken out of context and used to challenge the credibility of your case.
DON’T: Post content that contradicts your claims.
While it is understandable that individuals recovering from injury may still participate in social activities such as dining out with friends, sharing images that depict you engaging in joyful or strenuous activities—such as laughing, dancing, or other energetic behavior—can undermine the seriousness of your claimed injuries. Such posts may negatively affect the evaluation of non-economic damages, including pain and suffering.
DO: Advise friends and family to exclude you from their social media posts.
It is important to communicate with your friends and family about the sensitivity of your situation. Since they may unintentionally share content involving you that could be detrimental to your case, we recommend requesting that they refrain from posting images, videos, or references to you on social media until your claim is resolved. This precaution helps prevent any inadvertent disclosures that could be used against you by the opposing party.
Personal Injury Lawsuits Require Expert Representation & Recommendations
While your attorney will manage all legal documentation, evidence collection, and procedural aspects of your personal injury lawsuit, we also provide expert guidance and strategic advice throughout the entire process.
At Burneikis Law, we are committed to ensuring our clients feel fully supported and informed during what can be a challenging and overwhelming time.
Contact us to schedule a discovery call today and learn more about the proactive steps you can take to strengthen your case and maximize your potential outcome.
