Can Posting on Social Media Hurt My Personal Injury Case?

social media personal injury
Winstein, Kavensky & Cunningham LLC Blog June 27, 2022

Can Posting on Social Media Hurt My Personal Injury Case?

Social media is a great way to keep in touch with friends and family while sharing life events, both good and bad. If you’re involved in a personal injury case, sharing your story on your social media might be tempting. Social media can hurt your personal injury claim. However, not only can the other party involved in the case see your activity, but insurance companies can use social media posts as evidence.

Here, the Quad Cities injury attorneys at Winstein, Kavensky & Cunningham review how posting on social media can hurt your personal injury claim. We’ll also review why you should avoid it until your case is resolved.

How Social Media Negatively Affects Personal Injury Cases

Social media users may mistakenly share something that later comes back to haunt them regarding their personal injury case. To avoid this, be selective about what you share on social media. 

Here are some social media activities to avoid when involved in a personal injury case. 

  • You might accidentally obstruct your testimony: Your social media posts may contain information that contradicts your claim. For example, you may have stated that you have a broken arm from an accident. However, your most recent social media posts show activities that contradict your injury claim. This will lead the defense to question your injuries. Be honest about the facts of your case and any injuries. Social media posts contradicting your testimony could derail your case entirely. 
  • “Check-ins” and tags might give you away: Check-ins on Facebook can disclose that you were involved in activities that were not consistent with your injuries. For example, if you claimed you had a leg injury. Then, “checked-in” at your local gym. The defense may use your social media posts against you. 
  • Comments can reveal important information: Comments from friends and family may be detrimental to your case. They might reveal sensitive information about your injury or compensation, or tag you in photos/posts. 
  • Your own actions can backfire: Family and friends aren’t the only ones who can throw a wrench in your personal injury claims. You can, too. Comments and photos you post can be used in the case. For instance, you might say that you were in an accident. Then, you post an update saying you are “fine.” The injury could be worse, which could change the case.

How to Protect Your Injury Case on Social Media 

Active personal injury claims and social media are not a good combination. The best thing to do is to stop using social media until the case is over. This isn’t always the best option for those that rely on social media as a source of income. 

If you only post for social reasons, here are a few more tips to help protect the injury case a settlement is reached:

  • Adjust your privacy settings: Change the privacy settings to the strictest ones. You don’t want the other person’s insurance company or friends or family to know about you. Accounts that are set to private can’t be seen by anyone. Stop using accounts until the case is over to be extra safe. There’s also a chance that old posts, photos, and comments can be used as proof.
  • Don’t post photos: Tell friends and family not to share any photos of you on social media. Explain to them that you are involved in a court case. Tell them and any photos can be used against you.
  • Monitor friends and followers: Do not accept any new friend or follower requests. It’s possible that the person behind the account that wants to be your “friend” is an insurance adjuster. They could be trying to get access to your information and gather evidence.

Contact Our Quad Cities Personal Injury Lawyers for Help 

Social media can end up causing more harm than good during court cases for personal injury. In a personal injury case, anything you post on social media can be used against you. By posting about your case on social media, even if it’s by accident, you can give the insurance companies a reason to not give you full and fair compensation for injuries that were caused by someone else.

If you’ve been involved in an accident in the Quad Cities, we can help. Our team serves Rock Island, Henry, Mercer, Whiteside, and Knox counties in Illinois. We also serve Clinton, Muscatine, Cedar, and Jackson counties in Iowa. Quad Cities personal injury lawyers at Winstein, Kavensky & Cunningham can help with your case. We can also help obtain compensation for your injuries. Our lawyers are here to answer any questions you may have and to provide you with the next steps in pursuing your case. 

Call us at (309) 794-1515, connect with our LiveChat representatives, or fill out this contact form to get in touch. 

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.