How Social Media Posts Can Damage Your Personal Injury Case

Social media has become a central part of our daily lives. We use it to share experiences, connect with friends, and express opinions. While these platforms can be helpful for communication, they can also have unintended consequences, especially if you're involved in a personal injury case. 

Social media posts that seem harmless can often be interpreted by insurance companies, defense attorneys, or even juries as evidence that may weaken our claims.

At Larson Law Group LLC, our experienced personal injury attorneys work with individuals in Chicago, LaGrange, Cook County, DuPage County, and Lake County, Illinois, who have suffered injuries and are concerned about how social media posts could affect their claims. 

How Personal Injury Cases Rely on Credible Evidence

Personal injury cases require documentation to demonstrate the impact of an injury. Medical records, witness statements, and photographs of the incident are common forms of evidence. These materials help illustrate the severity of the injury, the duration of recovery, and the ways it affects our daily routines.

Social media content can conflict with these records. For example, if you claim to be unable to perform certain activities due to injury, but post pictures showing physical activity, insurance companies may question the accuracy of your claim. Defense attorneys often search for these discrepancies to reduce the value of a personal injury settlement or deny a claim altogether.

Every statement you make online can potentially be viewed as evidence. Even posts meant for a small group of friends can be captured, shared, or publicly accessed. This makes it crucial to maintain awareness of how posts may appear to outsiders evaluating your case.

Common Social Media Pitfalls in Personal Injury Cases

Following an accident that results in an injury, several types of social media activity can inadvertently weaken your personal injury claim. These include:

• Posting photos or videos that suggest physical activity inconsistent with your reported injuries.

• Writing updates about your activities or travel that could imply you have full mobility or a lack of pain.

• Commenting on posts or participating in threads that downplay the severity of your injury.

• Liking or sharing content that could be misinterpreted as evidence of exaggerating or misrepresenting your injury.

Even content shared months before or after the incident may be scrutinized. Defense attorneys frequently examine social media histories to identify patterns or contradictions. They may attempt to use these posts to argue that an injury is less severe than you claim.

How Insurance Companies Use Social Media

Insurance companies actively monitor social media for evidence that can support their position in personal injury cases. They often look for posts showing physical activity, social gatherings, travel, or hobbies that contradict the claimant’s statements.

These observations can influence settlement negotiations. Any posts that are perceived as contradictory may lead to reduced compensation or increased skepticism from the insurance company. Sometimes, insurers request access to private accounts during discovery, which can make even protected posts subject to review.

It’s important to consider how your online activity can affect your credibility. Even casual comments can be used in ways that negatively impact your case, and it’s not always obvious how a post might be interpreted.

Examples of How Insurance Companies Can Use Social Media Against a Personal Injury Claim

If you've been injured following an accident, social media posts can have a significant impact on your case. Some real-life scenarios of how social media can serve as influential evidence include the following:

• A person recovering from a back injury posts a video of hiking. The insurer may use the video to argue that the claimant's injury was minor.

• An individual with a personal injury claim following a car accident comments on a friend’s post about dancing at a party. The insurance company may use the comment to question the reported limitations.

• A claimant shares photos of running errands shortly after surgery. These images may be cited as evidence that the injury didn’t prevent regular activity.

These examples highlight the need for caution. Even innocent posts may be interpreted in ways that conflict with a personal injury case.

How to Protect Your Personal Injury Claim

While you can’t completely eliminate the risk posed by social media, there are measures you can take to reduce the exposure of your social media posts during your personal injury claim process. These include:

• Review your privacy settings and restrict who can view your posts.

• Avoid posting images or updates about physical activities or social events that could contradict your injury claims, medical records, or deposition testimony.

• Refrain from commenting on or engaging with discussions about the accident or your injury.

• Advise your family and friends to avoid posting content that could be linked to your injury.

• Consult with an attorney about online activity and the potential risks of engaging with social media before, during, and after your claim.

By taking these precautions, you can minimize the chances that social media activity will be used against you in a personal injury case. These steps can also help reinforce consistency between your medical records and your deposition testimony.

How Timing Can Impact Social Media Posts in Personal Injury Cases

Posts made before an incident may be relevant to pre-existing conditions, while posts after the injury may be examined to assess recovery or activity levels. Consider how the timing of your social media posts aligns with your medical documentation.

A post that appears inconsistent with a treatment timeline can pose an issue during negotiations or trial. Thoughtful consideration of what is shared, and when, is crucial to support a coherent narrative throughout the claims process.

Access to Social Media Posts in Legal Discovery

Social media can be requested during legal discovery, even if the posts were previously deleted. Illinois courts may allow for the retrieval of archived content if it’s relevant to a personal injury claim. Deleting posts may not always prevent them from being used as evidence. Defense attorneys may use forensic tools or subpoena social media companies to recover content.

How an Attorney Can Help

Although you can take preventive measures yourself, consulting with an attorney can provide additional guidance. At Larson Law Group LLC, our personal injury attorneys can explain how specific types of posts may be interpreted and offer strategies for maintaining social media discretion during your case.

Our attorneys can also help you determine what content may be relevant in discovery. While we can’t always predict how insurance companies or defense attorneys will view a post, our guidance can help reduce risk and maintain the integrity of your personal injury claim.

Contact an Experienced Personal Injury Attorney in Chicago, Illinois

Social media posts can have a significant impact on a personal injury claim, even when shared without intent to mislead. Every post, comment, or photo has the potential to be scrutinized, and maintaining careful online behavior helps preserve the credibility of your case.

At Larson Law Group LLC, we’re dedicated to helping clients protect their personal injury claims while addressing the challenges posed by social media. Through careful review, guidance on online activity, and thorough legal support, we work to safeguard your interests.

With offices in Chicago and La Grange, Illinois, we serve clients throughout the surrounding areas. Contact us at Larson Law Group LLC today to schedule a consultation.