If you have been injured because of someone else’s negligence it’s important to not put any information about it on social media. Below, our friends from Mickey Keenan P.A. explain why.
Insurance Companies Are Watching
Once you file a personal injury claim, it’s not just your lawyer and the insurance adjuster involved. In many cases, the opposing side will actively monitor your online presence to find anything they can use against you.
That includes:
- Public Facebook, Instagram, TikTok, or Twitter posts
- Photos you’re tagged in
- Comments on others’ posts
- Check-ins or location tags
Even a post that seems harmless—like a smiling photo or weekend trip—can be twisted to suggest you’re not as injured or distressed as you claim.
Common Social Media Mistakes That Hurt Cases
Here are a few of the most common ways we see injury victims unintentionally weaken their own cases:
Saying “I’m Okay” Too Soon
Even if you’re just trying to reassure friends or family, this can be used to minimize your injuries. Pain, stiffness, or complications often surface days or weeks later.
Posting Photos of Physical Activity
Whether it’s a beach trip or a family barbecue, photos of you walking, smiling, or lifting your child may be used to argue that your injuries aren’t serious.
Joking About the Accident
It might seem like a coping mechanism—but sarcastic or humorous posts about the crash can be used to suggest you’re not taking the situation seriously or weren’t traumatized.
Complaining About the Legal Process
Talking negatively about the insurance company, your lawyer, or the case process can raise red flags—especially if your posts contradict formal statements.
Even “Private” Posts Aren’t Always Safe
Think your content is protected because your profile is private? Think again.
Courts have ruled that social media content may still be discoverable—meaning it could be accessed through subpoenas or shared by someone in your network.
In short: privacy settings help, but they aren’t foolproof. The best protection is caution.
Tips To Protect Your Case On Social Media
Until your case is resolved, follow these best practices:
- Pause posting altogether. If you can, take a break from social media. It’s the safest approach.
- Avoid posting about your accident, injuries, or legal claim. Don’t share updates, photos, or opinions related to your case.
- Set your profiles to private. This isn’t a guarantee, but it makes it harder for insurers to dig.
- Ask friends not to tag you. You can’t control other people’s posts, but you can limit your digital footprint.
- Don’t accept new friend requests. Especially from people you don’t recognize—insurers have been known to create fake profiles.
What If You Already Posted?
If you’ve already posted something that could hurt your case, don’t panic. Don’t delete it immediately, as that could be considered destruction of evidence—especially if your case is already in motion.
Instead:
- Make a note of what was posted and when.
- Talk to your attorney about the best way to handle it.
- Stop posting going forward and tighten your privacy settings.
What To Share With Your Legal Team Instead
Instead of social media updates, focus on private documentation that supports your case. This includes:
- A daily pain or recovery journal
- Photos of your injuries or treatment
- Copies of prescriptions or doctor’s notes
- Communication from the insurance company
This type of information strengthens your case—without risking misinterpretation by opposing counsel.
Final Thoughts: Silence Is Strategic
Social media is where we share our lives—but during a personal injury claim, less is more. A single post can give insurance companies the excuse they need to deny or reduce your compensation.
If you’ve been injured and plan to pursue a claim, your safest move is to stay quiet online and speak with a qualified personal injury lawyer.