Posting on Social Media After an Injury | What to Know

If you or a loved one has been injured due to another party’s negligence, you may be entitled to receive compensation. That being said, a personal injury case can be difficult because you must prove that another party’s negligence caused your injury. The other party’s insurance company and defense attorney will work to prove their party’s innocence. As a result, your social media may become a key part of the case. The moment you file a personal injury claim, your social media accounts may be monitored. So what can you do? Read on to learn more about how social media can impact your personal injury case.

My Accounts are Private. Is my Information Safe?

Private social media accounts can give a false sense of security. The reality is, a defense attorney will be able to access your social media content, possibly including deleted posts and private DMs. It is important that you do not accept any new followers during your trial, as this may be someone from the other party attempting to obtain your information.

How Will my Social Media be Used?

Your social media can be used against you in a variety of ways. This includes:

  • Admission of blame
    • In recounting the details of your accident, you may inadvertently admit blame. Even if the accident was not your fault, you may accidentally say something to indicate that it was.
  • Confidentiality
    • What you and your attorney discuss is kept confidential. Discussing your injury and your case on social media can give the other party access to information that would and should otherwise be kept private.
  • Physical Injury
    • If you are injured but you post photos of yourself engaging in an activity of any kind, you risk the defense attorney speculating the severity of your injury. For example, if you claim that your injury has caused migraines, and then you post about binging your favorite tv show, your attorney can use this to claim that you have not been injured as severely as you claim, or even at all.
  • Emotional Stability
    • We know that an injury can impact you in a variety of ways, including emotionally. Posting too much on social media may indicate that your emotional state has not been affected by the injury. Additionally, reassuring your friends and family that you are doing okay can also indicate to a defense attorney that you’re okay.

What to do?

Refrain from posting on social media at all for the duration of the case. If you do post, make sure that you do not post any photos of yourself, your injuries, your recovery process, or your activities. Additionally, ask your friends and family to avoid posting and tagging any photos of you or featuring you.

Contact our Firm

If you have been injured due to the negligence of another party and wish to speak with an attorney, contact the Law Office of Christopher T. Howell, Esq. today.