Most of us are on social media every day—scrolling, liking, sharing, and posting. It’s become second nature. However, if you have been injured and are filing a personal injury claim, what you post online can impact your case more than you realize.
At Crosby & Crosby Law, we’ve seen firsthand how seemingly innocent social media posts can create serious problems for clients. This blog breaks down how social media affects personal injury claims. We’ll also explain what social media evidence courts and insurance companies look for. Finally, we’ll explain what you can do to protect your case.
Why Social Media Matters in a Personal Injury Case
After an accident, you may want to post an update to let friends and family know you’re okay. That makes sense. But what you might not realize is that insurance companies and defense attorneys are likely watching your social media. They’re hoping to find anything they can use to question your injury or character.
Even if your profile is set to private, social media evidence can be requested and used in court. That’s why it’s crucial to be smart about your online activity when you’re involved in a personal injury claim.
How Social Media Affects Personal Injury Claims
Your words, photos, and check-ins can all be taken out of context.
Let’s say you post a smiling photo at a family gathering a week after your car accident. To you, it’s just a nice picture with loved ones. But the other side might argue that you can’t be in that much pain if you’re out socializing and looking cheerful.
Or maybe you comment on a post joking about the accident. A defense lawyer might use that to suggest you’re exaggerating your injuries.
Here’s how social media can negatively impact personal injury claims:
- Contradicting your injuries: Photos or videos showing physical activity can cast doubt on the seriousness of your condition.
- Timeline inconsistencies: Posts that don’t line up with your account of the accident may be used against you.
- Undermining emotional distress claims: Smiling photos or humorous posts could be misinterpreted as signs that you’re “just fine.”
- Tagging and check-ins: These can reveal activities or locations that challenge your claims.
It’s not fair, but it happens. That’s why knowing the risks and taking precautions is so important.
Social Media Mistakes in Personal Injury Cases
Here are some common mistakes we see that can damage a case:
- Posting about the accident or injuries
- Uploading photos of activities or events
- Engaging in arguments or comments about the case
- Letting friends tag you in posts
- Accepting new friend requests (especially from strangers)
These actions can open the door for the defense to dig into your personal life. Even a simple “Had a great weekend!” post can be twisted to suggest you’re not suffering at all.
To stay safe, assume everything you post can be seen by the insurance company—because it likely can be.
What You Should Do Instead
You don’t have to delete your social media accounts, but you should limit your activity. Here are some simple guidelines to follow during a personal injury claim:
- Set your profiles to private (but remember this doesn’t guarantee privacy).
- Avoid posting about the accident, your injuries, or the lawsuit.
- Ask friends and family not to tag you or post about you.
- Don’t accept new friend requests unless you know the person.
- Talk to your lawyer before posting anything that might be questionable.
And if you’re unsure, don’t post at all. It’s always better to be cautious than to risk damaging your claim.
Social Media Evidence: What Courts and Insurance Companies Look For
Defense attorneys are skilled at combing through your online presence for anything that might weaken your case. The types of social media evidence they look for include:
- Photos and videos showing physical activity, travel, or events
- Status updates that contradict injury claims or suggest blame
- Comments discussing the accident, recovery, or legal case
- Direct messages that may admit fault or minimize the injury
- Posts from friends or family that reference your condition
Even deleted posts aren’t necessarily gone forever. If your case goes to court, a subpoena could force you to turn over your social media history. That’s why it’s so important to protect yourself from the start.
Why Working with a Personal Injury Lawyer Matters
At Crosby & Crosby Law, we don’t just handle paperwork and court filings. We guide you through every part of the process, including how to manage your online presence while your case is active.
We’ll help you understand what’s safe to post and what to avoid. We’ll also keep an eye out for attempts by the defense and insurance adjusters to dig into your private life.
When you work with our experienced personal injury lawyers in Rockford, IL, you get more than just legal representation. You get a team that truly has your back, online and off.
Final Thoughts: Think Before You Post
Social media can be a great way to stay connected. During a personal injury case, however, it can become a liability. Even the most innocent post can be used as social media evidence against you.
That’s why your best bet is to hit pause on posting while your case is active. In addition, always consult your personal injury lawyer before sharing anything that could raise questions.
Let Crosby & Crosby Law Protect Your Case
If you’ve been injured in an accident, you deserve a legal team that understands how to protect your rights from every angle. And that includes your digital footprint.
At Crosby & Crosby LLC, we help clients in Rockford and throughout Northern Illinois get the compensation they deserve. That often means avoiding common pitfalls like social media mistakes in personal injury cases.
Call us today at 815-367-6432 or schedule a consultation online with our experienced personal injury attorneys. Let us walk you through your options and build a strategy that puts your best interests first, on and offline.
