Can Social Media Hurt Your Personal Injury or Professional Negligence Case?

In this article, you can discover…

• The risks of posting on social media after an injury.
• Whether direct messages on social media platforms can be used against you.
• How mindful, consistent posting can help your optics over time.

Can Social Media Posts Hurt My Injury Case?

Absolutely—yes. Insurance adjusters don’t just casually browse your social media. They have access to specialists whose job is to dig up any online activity that could undermine your claim. Here are some things to know about how exactly they do it:

• Social Media Scanning Services: Insurance companies hire firms that track online activity, even under variations of your name.
• Spotting Inconsistencies: If you claim a severe injury but post photos of a vacation or a workout, that evidence can be used against you.
• Public And Private Posts: Even deleted or private posts can sometimes be accessed through digital forensics.

Your best bet? Stay off social media. To protect your claim:

• Don’t post about your accident or injuries.
• Avoid pictures or check-ins that suggest physical activity.
• Ask friends and family not to tag you in posts.

Insurance adjusters will look—and anything they find could cost you your case.

What Are Some Risks Of Sharing Personal, Family, Or Medical Information On Social Media During The Resolution Of My Injury Or Negligence Claim?

Social media is a space to connect with friends and family, but during an injury or negligence claim, every post becomes evidence—even innocent ones. How? It can:

• Impeach your credibility. If you claim severe pain but post a video dancing at a wedding, insurance adjusters will certainly use it against you.
• Bring to light inconsistent statements you’ve made. Even casual comments like I’m feeling way better today! can significantly weaken your claim if you’ve reported ongoing pain.

What’s more, what you think of as privacy doesn’t necessarily translate to protection. Even if your profile is private, posts can still be accessed through subpoenas or mutual connections in some instances.

Can Private Posts Or Messages Be Obtained And Used Against Me In California?

Private posts and messages can potentially be used against you in legal proceedings. While you may expect privacy in direct messages, opposing counsel can subpoena this information if they believe it’s relevant to the case, including:

• Social Media Posts: Public posts have little to no expectation of privacy and can be used as evidence.
• Private Messages: Though not easily accessible, they can be subpoenaed if deemed necessary, particularly in high-stakes cases.

If your messages contradict statements made in court, they can be used to challenge your credibility. As a way of protecting yourself, avoid sharing sensitive legal matters via private messages or social media. They will be used against you.

Anna Niemann, founder of Niemann Mediation Services in California, has seen firsthand how social media can make or break an injury claim. With years of experience mediating disputes and guiding clients through claims, she understands how insurance adjusters leverage online activity to challenge credibility. She has helped countless individuals protect their claims by navigating these risks strategically.

If you’re pursuing an injury claim, don’t let social media mistakes cost you - contact Niemann Mediation Services today for expert guidance and advocacy.

Schedule a Mediation Now! (916) 777-0943

During A Lawsuit, Should I Be Careful About Existing Content I Had Already Posted Online?

Absolutely. When you’re involved in a lawsuit, anything you post or have posted online can be scrutinized by insurance adjusters, opposing counsel, or investigators. Even innocent posts can be misinterpreted and used against you.

A single post can undermine your case. For example, if you claim serious injury but post about an active day, it may be used to dispute your condition. Even if your account is set to private, posts can be subpoenaed or accessed through mutual connections. So, again, avoid posting about your case, your injuries, or activities that are likely to be intentionally misinterpreted and manipulated to your detriment.

Is There Any Benefit To Going Through Your Social Media Accounts And Deleting Certain Posts If I Know I Am Going To File A Claim?

Cleaning up your social media can be a good idea, but proceed with caution. Keep these points in mind:

• Tidy Up, But Be Thoughtful: Just as you’d prepare your home for a visitor, it’s reasonable to curate your online presence. However, deleting posts that contradict your claim is likely to raise serious suspicion.
• Past Posts Can Be Helpful: If your previous activities highlight a stark difference in your current abilities, they might actually support your case rather than hurt it.
• Maintain Consistency: Your claim should align with your online presence. If you assert that you could never do something, but past posts show otherwise, it will create severe credibility issues.

Rather than mass deletions, consider adjusting privacy settings and being mindful of how your social media reflects your situation.

Have You Ever Accessed A Party’s Social Media Activity, And How Did You Handle That Conversation?

Attorneys and insurance companies routinely check social media for evidence that contradicts claims. Defense teams often have staff dedicated to quickly reviewing the social media accounts of plaintiffs before posts can be deleted or changed.

In one personal injury claim I recently mediated, a claimant who claimed to have severe mobility issues was found to have posted about skydiving after the accident. As you can imagine, this completely undermined his case.

Don’t fall into this trap. Instead, be mindful of what you share online. Even innocent posts can be misinterpreted and used to challenge your credibility. If you’re pursuing a claim, assume that anything you post could be reviewed by the opposing party.

Still Have Questions? Ready To Get Started?

For more information on Can Facebook posts hurt my injury case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (916) 777-0943 today.