How Social Media Posts Can Impact Your Personal Injury Case

In today’s digital world, social media platforms like Facebook, Instagram, and TikTok are central to how we connect with others and share our lives. While these platforms do offer many benefits, they can also pose unexpected risks, especially if you are dealing with a personal injury claim. Many people overlook how their online activity and presence can affect their case. It is important to understand how your online activity can affect your case and what you should—and should not—do if you have recently been involved in an accident.

Why Social Media Matters in Personal Injury Cases

Whether you were injured in a car accident, slip and fall, by a defective product, or any other type of incident, the opposing party—whether it’s a person, company, or insurance carrier—will likely try to minimize your compensation. One common tactic is scouring your social media posts for evidence to use against you. Defense attorneys and insurance adjusters are often looking for social media posts about the accident, your injuries, or your recovery and daily activities.

The opposing party’s goal is to minimize your recovery or avoid liability entirely. Even seemingly harmless posts can be twisted to argue that your injuries are not as serious as you claim or to discredit your testimony. Don’t inadvertently help the other party’s case by posting something that could be used against you. 

To protect your case, follow these key social media tips:

Do

• Adjust Your Privacy Settings. It is a good practice to limit who can view your posts and profile by adjusting your privacy settings and setting your profile to private, especially after you have been injured.

• Take a Break From Posting. Following your accident, it may be a good idea to consider taking a break from posting until your case is resolved. Reducing your online presence minimizes the risk of accidentally posting something that could harm your case.

• Inform Family and Friends. Ask close friends and family not to post about you or tag you in their posts. Monitor any tagged posts, and if something compromising appears, request that it be removed immediately.

• Consult With Your Attorney. If you are unsure about what to post or how to handle your online presence, it is important to discuss this with your attorney. Your attorney will be able to best guide you and answer any questions or address any concerns you may have while your lawsuit is pending.

Don’t

• Don’t Discuss the Accident or Your Injuries. Avoid sharing any posts or details about the accident, your injuries, your recovery, or the status of your case. Even positive updates about your recovery can be used to downplay your pain and suffering.

• Don’t Post Photos or Videos. Avoid posting any photos or videos showing you, even just engaging in everyday activities. Even something as simple as a photo of you smiling can be taken out of context to suggest you aren’t as injured as you claim.

• Don’t Accept New Friend Requests. Be very cautious with accepting new friend requests following an accident. The opposing party may be trying to friend request you to gather information to use against you at trial. It is good practice to only accept friend requests from people you know personally.

• Don’t Share Details Over Private Messages/DMs. Avoid discussing your case, injuries, or recovery through social media as these communications may not be as private as you might think and could be used against you. Only use secure channels that are recommended by your attorney.

Protect Your Personal Injury Claim

Your online presence is a reflection of your life, and insurance companies and defense attorneys are eager to take a look. By being mindful of your social media activity and taking necessary precautions, you can help protect your personal injury claim and maximize your recovery. 

If you or a loved one has been injured in an accident, it is important to consult with an experienced New Jersey personal injury attorney who understands the ins and outs of your case. Don’t let a careless social media post jeopardize your case—get the expert help you need today.