Social Media is the Digital Double-Edged Sword for Personal Injury Claims

Everyone on social media knows that a picture of their lunch can go viral if captioned cleverly enough. However, think twice about what you post if you’re in the middle of a personal injury lawsuit. Sure, your followers might love to see you smiling at a party or hitting the trails on a sunny afternoon, but those innocent posts could be exhibit A in court, undermining your claims of injury. Here’s the scoop on how your social media habits could turn your case upside down and what you can do to keep your digital footprint from tripping you up.

The Evidence You Didn’t Mean to Provide

Let’s cut to the chase: your social media posts can end up front and center in a courtroom. Imagine claiming severe injuries in court while your recent Facebook album says “Weekend Warrior” filled with photos of you mountain biking. Not a great look, right? Insurance companies and defense lawyers love digging through social media to find just such contradictions. That video of you at a dance party could quite literally dance away with your credibility and your compensation.

No Privacy Sanctuary Online

Think your “private” account shields you from prying eyes? Think again. Privacy settings may discourage your neighbor from snooping, but they’re not a fortress against a determined legal team. Those supposedly secure posts can still leak through the cracks via shared friends, screenshots, or, under certain conditions, legal demands for access during discovery phases of a trial.

How Your Posts Lower Your Settlement Chances

It’s not just about disproving your physical claims. The vibe of your social media—how you present your lifestyle and emotional state—also shapes how insurers and opposing counsel gauge your claim. Posts that depict a high-flying lifestyle or show you living it up can suggest that maybe your suffering isn’t so debilitating. Even a simple tweet about a good day can be twisted to argue that your pain isn’t all that bad.

Posting Don’ts During a Lawsuit

Here’s what you shouldn’t even think about sharing online when your lawsuit is pending:

Case Commentary: Zip it about your case specifics—strategy talks, updates, even how you feel about the progress. Your digital silence is golden.

Activity Reports: If your claim involves an injury, now is not the time to post your 10k run selfie or even a friendly game of frisbee in the park.

Legal Chats: Keep your lawyer-client chats off the internet. Yes, that includes those “just venting” posts about your legal team.

Emotional Rants: Avoid airing your feelings about the lawsuit, your injury, or anything else that might come off as impulsive or emotional. These posts are fodder for character assessments.

Your Safest Bet: Go Dark

When in doubt, go on a social media diet. Better yet, starve your profiles altogether until the dust settles on your legal battle. If that sounds too drastic, at least tighten up your privacy settings, think twice before accepting new friend requests, and keep your posts as neutral and uneventful as possible.

When to Chat Up Your Attorney

Your attorney should be your go-to resource on what’s safe to share and what’s not. They’re there to help you get through your case effectively, including managing the murky waters of social media swamps. If the opposition requests access to your accounts or if you’re unsure about a particular post, your lawyer is just a call away to steer you right. Keep it tight, keep it right, and let your legal team do the heavy lifting.

If you’re wrestling with a personal injury claim and unsure how your online activity could affect your case, contact Robin Frazer Clark, P.C. at (404) 873-3700. We’re here to help guide you through your case with clear, straightforward advice to protect your interests.