After an accident, people often turn to platforms like Facebook, Instagram, or X to update friends and family. While that might seem harmless, what gets shared online can end up being used as evidence—especially by insurance companies or opposing attorneys looking for reasons to reduce or deny a claim. Our friends at Herschensohn Law Firm, PLLC discuss how something as routine as using social media can unexpectedly impact the outcome of a personal injury claim.
We’ve seen many cases where a simple post made things more difficult for the person filing the claim. Even if your post has nothing to do with the accident, it can still be taken out of context. If you’re pursuing compensation for an injury, it’s worth knowing how your online presence could affect your case and what steps you can take to avoid setbacks.
Posts And Photos Can Be Misinterpreted
After an injury, it’s common to want to reassure friends and family that you’re okay. But even a photo of you smiling at a dinner or spending time outside can be misread. If you’re claiming physical or emotional pain, defense teams may argue that your social media activity doesn’t reflect someone who is seriously injured.
That doesn’t mean you can’t live your life while recovering. But it does mean that publicly sharing moments of that recovery could be used to challenge your credibility. We often explain to clients that it’s not about whether the post is “proof” of anything—it’s about how it might appear to others who are trying to dispute the claim.
Comments Can Be Used As Admissions
It’s not just photos that pose a risk. Comments, replies, or captions can also be taken as informal statements about the case. For example, if you post that you were “lucky to get away with just a sore back,” that could be interpreted as an admission that your injuries aren’t serious—even if you were just downplaying things to sound positive.
Insurance companies and defense attorneys often look for language like this to suggest that the injury isn’t as severe as claimed. That’s why we advise clients to avoid discussing the accident or their injuries at all online, even in casual conversations.
Privacy Settings Don’t Offer Full Protection
Many people believe that adjusting their privacy settings will keep their posts safe. While it’s a good idea to limit access to your accounts, it’s not a guarantee. Opposing attorneys can sometimes gain access through legal discovery or by reviewing public interactions with your posts. A mutual connection who shares or comments can also make your content more visible than you intended.
We often remind clients that anything posted online should be considered potentially public—even if it’s only meant for close friends or family. If you’re involved in a personal injury claim, it’s safer to pause your social media activity altogether until the case is resolved.
Legal Support Can Help Guide You
One of the lesser-known ways a personal injury lawyer can help is by advising clients on how to protect their case outside the courtroom. Social media is just one part of that. From reviewing what’s already been posted to offering guidance on what to avoid, we work to reduce any risks that could affect the strength of the claim.
We also help handle communication with insurers and the opposing side, which reduces the chances of anything being taken out of context. The more focused you can stay on recovery, the easier it becomes to avoid missteps that could be used against you.
A personal injury case isn’t just about medical records and witness statements. It’s also about how your actions, both online and offline, are perceived. If you’ve been injured and are considering legal action, taking control of your social media use early can protect your claim and make it easier for your personal injury lawyer to do their job.