For many people, sharing life online feels as natural as breathing. Whether it’s a photo from a weekend trip, a quick status update about your day, or a comment on a friend’s post, social media has become woven into daily life. But if you’ve been injured and are pursuing a personal injury case, those posts may do more harm than good. What you put online can directly affect the outcome of your claim — sometimes in ways you may not expect.
Thank you to our friends at Hayhurst Law PLLC for providing the following discussion about whether social media posts can be used against you in a personal injury case.
Social Media As Evidence
Courts across the country have consistently allowed social media to be used as evidence in lawsuits. Judges view posts, photos, and even comments as statements you’ve made publicly, similar to something you might say in a deposition. Insurance companies and defense attorneys understand this well, and they are often quick to dig into your digital footprint.
This means your Facebook, Instagram, TikTok, Twitter (X), Snapchat, and even private messages could be requested during discovery. Once those posts are admitted, they can be used to question your credibility, dispute the severity of your injuries, or challenge the damages you’re claiming.
How Posts Can Undermine A Case
Consider a few real-world examples:
- Injury vs. Activity: You file a claim for back injuries after a car accident. Days later, you share a photo lifting your child into a swing at the park. Even if you were in pain afterward, that single snapshot could be used to suggest your injury isn’t serious.
- Contradictory Statements: You tell the court that you’ve been unable to work, but a LinkedIn update shows you starting a “new role” with glowing enthusiasm. Even if it’s a volunteer position or part-time, the defense may spin it differently.
- Mood and Appearance: A smiling photo at a birthday dinner may be interpreted as evidence that you’re not suffering emotionally, even though the reality may be very different.
It’s not just your posts that matter. Content from friends and family — such as tagging you at a location or posting group photos — can also surface in court.
Privacy Settings Aren’t Foolproof
Many people believe that setting accounts to “private” is enough to protect them. Unfortunately, that isn’t true. Courts have ruled that private posts can still be discoverable if they are relevant to the case. Deleted content can also be retrieved through subpoenas or forensic experts. The safest assumption is that nothing online is truly private or temporary.
What You Should Do
If you are pursuing a personal injury case, the best practice is to step away from social media until your case is resolved. If that feels impossible, consider these precautions:
- Do not post about your accident, injuries, or the case itself.
- Avoid photos or videos that could be misinterpreted as you being more active than you are.
- Ask family and friends not to post or tag you during this time.
- Review your accounts with your personal injury lawyer before making changes or deleting old posts.
Protecting Your Case Starts With What You Share
Your words and images online are powerful, and once posted, they can be twisted into evidence that harms your case. A single careless update can undo months of careful legal work. By treating your social media activity as if a judge or jury might one day review it, you give yourself the best chance to protect your credibility and secure the compensation you deserve.