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  • By: Jim Ellison, Esq.
Woman holding smartphone: Effects of social media on personal injury cases in Easton, Maryland.

In this article, you can discover…

  • How social media can be used against you in a personal injury case.
  • Whether it is necessary to delete your social media accounts.
  • If private posts are truly invisible to insurance companies and attorneys.

Can Social Media Be Used As Evidence Against Me In A Personal Injury Lawsuit?

Anything you post online can be used as evidence, and it can hurt your case. For example, if you post something like, I was in an accident on Main Street heading northbound, but the actual evidence shows you were going southbound, the inconsistency can damage your credibility.

Also, if you’re seen in photos or videos soon after the accident doing things like partying, going to an amusement park, or participating in physical activities, it may be used to argue that your injuries aren’t as serious as you claim or that they were caused by something else.

The same goes for the other party: their social media posts can potentially help your case, especially if they make statements about the accident that contradict the evidence or even admit fault.

If you remember one thing, remember this: avoid posting anything about the accident or your injuries online, and let your attorney handle the situation.

Can My Friends Or Family’s Social Media Posts Negatively Impact My Personal Injury Claim?

Yes, these seemingly innocent social media mistakes that hurt injury lawsuits can dramatically hurt your case in the most negative way. Even something as well-meaning as a friend posting, Visited you at the hospital after your car crash, could be used for or against you depending on how it fits into the case. It’s rare but not unheard of.

Witnesses may also comment about the accident on social media. These posts can be discovered and used as part of the case, whether to support or challenge the claims being made.

Think of social media as essentially a public record or a newspaper advertisement: it can help you or hurt you depending on what’s said and how it’s interpreted. That’s why it’s best to stay off social media while your claim is pending.

Should I Delete My Social Media Accounts After A Car Accident Or Personal Injury Case?

As dangerous as social media can be after being involved in an accident, you don’t need to go as far as to delete your accounts. Contrary to what you may think, doing so can actually raise suspicion. Instead, simply avoid posting anything related to the accident, your injuries, or the case. Additionally, don’t delete past posts. Doing so can come off as if you’re trying to hide something, and insurance companies have tools to retrieve deleted content.

If you’re unsure about anything you’ve posted or shared in the past, talk to your attorney. Let them guide you on how to proceed. It’s much better to be upfront than to try to cover your tracks later.

What Are The Biggest Mistakes People Make On Social Media After An Injury?

The most common mistake is posting too soon after the accident, especially while claiming serious injury. If you’re seen doing anything active, social, or physically demanding, even only days later, insurance companies can use that to question the legitimacy of your injuries. Even if you’re just trying to reassure your friends with a “feeling better” post, it will likely be taken out of context and used to downplay your medical condition.

Can Insurance Companies Still Access My Posts, Even If They’re Private?

Insurance companies can potentially access your posts, even if they’re private. Anything you post could become part of the legal discovery process. If your content is relevant to the case, you may be required to disclose it, especially if it’s shared with anyone other than your attorney.

Don’t underestimate how easily private content can spread. If an insurance adjuster or investigator has access, even indirectly through a mutual friend, that information may be used against you.

To be safe, treat everything you post as if it could eventually be seen in court.

Still Have Questions? Ready To Get Started?

For more information on social media mistakes that hurt injury lawsuits, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (443) 290-3337 today.