Posting on social media in the aftermath of a personal injury accident can undermine your case in ways you might not expect. insurance companies and their legal representatives routinely monitor and analyze claimants’ online activities. Their goal is to find anything that can cast doubt on the alleged injuries or challenge the claimed damages.

If you are pursuing a personal injury claim, social media posts may be used as evidence against you. For instance, if you allege a debilitating back injury but your social media shows you at a dance party, on a hiking trail or participating in physical activities, this content will almost certainly be used to argue that you are less injured than you claim. Even if the photos were taken at an earlier date or you were simply posing, the defense can take them out of context to suggest exaggeration or dishonesty.

Social media can also be used to dispute claims of emotional hardship or loss of enjoyment of life, which are common in personal injury lawsuits. Insurance adjusters and attorneys may present posts in which you are attending family gatherings, traveling, or otherwise enjoying yourself, to cast doubt on the seriousness of your emotional suffering. 

It is not only photos and check-ins that matter. Your words also can be damaging as well. Seemingly innocent comments like “I should have been more careful” could be interpreted by the opposing side as admissions of fault. Additionally, any references on your social media to pre-existing health conditions or previous injuries could be used to argue that your current symptoms are not connected to the recent incident, but rather to a prior issue.

Defense lawyers may demand access to your social media history during the discovery process: a phase in litigation where both sides request and exchange information. If your physical or mental state is a core aspect of your claim, courts are likely to permit wide-ranging discovery into your social media content, including private messages. It is a mistake to assume that setting your profiles to "private" will shield information from discovery. Courts have repeatedly ruled that, if content is considered relevant to the case, privacy settings do not constitute protection against disclosure. 

To safeguard your case, there are certain best practices to keep in mind. Never post about the accident, your injuries or any aspect of your legal claim. Likewise, instruct friends and family not to post photos of you or tag you in updates, as these may also become evidence. Never delete posts, images or accounts related to the incident once a claim has been filed, as it may be deemed destruction of evidence.

What you can do is lock down your privacy settings, which prevents investigators from freely viewing your public information. Be suspicious of new friend requests, and always consult your personal injury attorney before any online activity connected to your case. 

The O’Neil Law Firm in Hartford, Connecticut represents accident victims throughout Hartford, Middlesex and Tolland counties. Call us at 866-418-7593 or contact us online to set up a consultation.