How Social Media Can Impact Personal Injury Case

Written By Alla Levin
December 13, 2023

How Social Media Can Impact Your Personal Injury Case

Social media platforms are intertwined with our daily lives in today’s digital age. They’re where we share our experiences, connect with friends, and express ourselves. However, regarding legal matters, such as a personal injury case, your online presence can have unexpected consequences. If you’re in the middle of a personal injury claim, you must understand how your social media activity can impact your case.

The Permanency of Online Posts

Once information is shared online, it can be difficult to retract. Even if you delete a post, it can still be found or may have already been seen and recorded by others. This inherent permanency means that anything you share could potentially be used against you in your case.

How Can Social Media Undermine Your Case?

The opposing legal team may monitor your social media accounts to find evidence that contradicts your injury claims. Even seemingly innocent posts can be misconstrued or taken out of context to argue that:

  • Your injuries are not as severe as you have reported.
  • You are participating in activities that should be limited or impossible due to your injuries.
  • Your emotional distress claims are exaggerated, as you appear happy and active online.

Examples of Compromising Social Media Behavior

  • Photos or Videos: Sharing images of you engaging in physical activities could suggest your injuries aren’t limiting.
  • Status Updates: Posts about vacations or outings may contradict claims of pain or suffering.
  • Location Check-Ins: Checking into locations, especially those associated with physical activity, can be damaging evidence.
  • Conversations: Public conversations about your case or how you’re feeling might provide adverse parties with ammunition.

Ways to Protect Your Personal Injury Case

Think Before You Post

Evaluate how each post could be perceived in the courtroom. If there is any potential for misinterpretation, it’s safer not to share it.

Adjust Privacy Settings

Make sure your privacy settings are on the highest level to limit who can see your content. However, remember that this doesn’t prevent others from sharing your information.

Discuss Social Media with Your Attorney

Have an upfront conversation with your lawyer about social media use. They can give you specific guidelines to follow throughout your case.

Limit Your Social Media Footprint

Consider taking a hiatus from social media while your case is active. The less content you post, the lower the risk of something being used against you.

Remind Friends and Family

Inform your close network about the sensitivity of your situation. Ask them not to tag you in photos or posts or discuss your case online.

Presume Everything Is Public

Operate under the assumption that anything you say or do could be made public and affect your case.

The Argument of Discovery

Remember, even private posts can be subject to legal discovery if relevant to the case. The Bradenton personal injury lawyers at Shapiro | Delgado | Hofmann explain that courts have been increasingly open to allowing the discovery of social media content if it is deemed relevant to the case. This includes posts, messages, images, and other digital information that could potentially influence or contradict claims made in a personal injury lawsuit.

Importance of Consistency

Your claims must align with your social media persona. Even posts made before the accident could be examined for inconsistencies with your current physical or emotional health claims.

Being aware of social media’s complexities can be a game-changer in the success of your personal injury claim. Your digital behavior carries weight in legal matters, so exercising caution and consulting with your attorney can help preserve the integrity of your case. In the journey towards seeking restitution for your injuries, a quiet social media presence often speaks volumes.

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