Think Before You Post: How Social Media Can Wreck Your Personal Injury Case
Thinking about posting after an accident? Think twice. This blog reveals how social media can quietly sabotage your personal injury case—and what you should do instead to protect your claim. If you’re injured and considering legal action, you can’t afford to skip this.
You just uploaded a new photo—#GoodVibesOnly—but your injury claim might not be feeling the same energy. You were hurt in a car accident. You’re dealing with medical bills, time off work, and the emotional stress of recovery. Your lawyer says you have a solid personal injury case. Then, one night, you post a throwback photo of yourself dancing at a friend’s wedding—smiling, happy, and very much not looking injured.
Sounds harmless, right? Maybe not.
In today’s world, social media isn’t just for friends and followers—it’s also a goldmine for insurance adjusters, defense attorneys, and investigators. What you post online can and will be used against you in a court of law or during settlement negotiations.
In this article, our Florida personal injury attorneys discuss how social media can negatively impact your case and provide tips on how to manage your social media during this time.
How social media can be used against you
When you’re in the middle of a personal injury case, social media becomes more than a highlight reel—it becomes evidence. Here’s how those seemingly innocent posts can backfire big time:
1. Contradictory evidence
The risk: Photos, videos, or check-ins that show you doing things inconsistent with your claimed injuries can be used to argue you’re not as hurt as you say.
Example: Sarah claims she has a debilitating knee injury from a fall at work. A week later, she posts a boomerang on Instagram of her bowling with friends. Even though she only bowled one frame and sat most of the time, the defense uses the post to question her entire claim.
2. Damage to credibility
The risk: Posts showing reckless behavior, partying, or joking about your situation can make it look like you’re not taking your injury—or the case—seriously.
Example: Marcus testifies in court that he’s been dealing with daily pain and depression since a car accident. A TikTok he made with friends shows him laughing, dancing, and joking, “At least I’m getting paid to chill at home!” That post ends up playing in court and his credibility takes a hit.
3. Admission of fault
The risk: A poorly worded status or comment can be interpreted as admitting guilt, even if that wasn’t your intention.
Example: After an accident, Leah tweets, “Should’ve been paying more attention. Lesson learned.” The insurance company latches onto that as an admission of fault, weakening her case even though she was actually rear-ended.
4. Impact on emotional distress claims
The risk: If you’re claiming emotional suffering but posting cheerful or carefree content, the defense might argue you’re exaggerating your pain.
Example: Josh is pursuing damages for emotional distress after a traumatic dog bite incident. However, his Facebook shows a string of upbeat posts, including a video of him laughing at a cookout. The insurance company claims these posts prove he’s emotionally fine.
5. Reduced settlement offers
The risk: Any evidence found online that contradicts your injury or distress can give insurance companies an excuse to lower your payout.
Example: During negotiations, Carla posts, “Nothing’s stopping me from hiking again!”—referring to her future hopes. The insurance adjuster takes it literally and slashes the settlement, citing “clear signs of recovery.”
How to manage social media during a personal injury case
If you are involved in a personal injury case, our attorneys provide valuable tips on how to manage your social media during this time.
- Pause posting about your accident, injuries, or recovery until your case is fully resolved. Better yet, pause posting on social media all together.
- Tell friends and family to avoid tagging you or discussing your condition online.
- Review privacy settings—but don’t rely on them as foolproof. Courts can subpoena your private posts if they’re deemed relevant. Also, mutual friends can unintentionally (or intentionally) share content you post. Screenshots live forever.
- Document offline: Keep a journal or voice memos to track pain and symptoms instead of sharing updates on social platforms.
Bottomline: If you’re involved in a personal injury case, your best move is to either pause posting altogether or run everything past your attorney. Social media might feel like your safe space—but in a legal context, it can become a liability fast.
Injured in an accident?
Call 800-654-4659 for a free consultation.
If you’ve been injured in an auto accident, truck collision, slip and fall, or suffered a serious personal injury, you don’t have to navigate the aftermath alone. At Avera & Smith, we bring over 70 years of experience to the table, along with a team of board-certified attorneys who have a proven track record of standing up to powerful insurance companies—and winning.
We don’t just handle cases—we fight for people. From the moment you contact us, you’ll experience the difference that exceptional client service makes. We take the time to understand your situation, explain your options, and build a strong strategy focused on one thing: getting you the maximum compensation you deserve. Whether it’s through aggressive negotiation or litigation in court, we’re here to protect your rights and pursue justice with everything we’ve got.
Request a free case review through our online form or call 800-654-4659 to speak with one of our attorneys.