Social media is a powerful tool, but it also influences legal matters in unexpected ways. In a personal injury case, social media posts often serve as evidence that contradicts claims of injury, suffering, or financial hardship. Insurance companies and defense attorneys actively monitor social media activity to find anything that might weaken a plaintiff’s case.
How insurance companies use social media
Insurance companies review social media profiles to find inconsistencies in a claimant’s statements. If a person claims to have severe back pain but posts a photo from a hiking trip, the defense may argue that the injury is not as serious as stated. Even comments, check-ins, or shared posts challenge a personal injury claim.
The risk of misinterpretation
Even innocent posts create misunderstandings. A photo from an old vacation might suggest an active lifestyle, even if you took it before the injury. Simple activities, such as attending a social gathering, make it appear that an injury is not causing significant pain or hardship. Without context, a harmless post casts doubt on the severity of an injury.
Privacy settings do not guarantee protection
Many assume that setting a profile to private keeps information hidden. However, insurance companies and attorneys still access posts through legal requests or mutual connections. Friends or followers might unknowingly share posts that opposing parties see. Deleting posts after filing a claim may also appear as an attempt to hide evidence, potentially harming credibility.
To protect a personal injury case, limiting social media activity until the claim is resolved remains the safest approach. Avoid discussing the case online, refrain from posting photos or videos that could be misinterpreted, and remind friends not to tag or mention any activities. Being cautious with online presence strengthens a claim and ensures a fair legal process.