Can my social media accounts be used against me in my injury lawsuit?

Yes, insurance companies and defense firms do social media checks on you.
Anything you post publicly on social media can be used as evidence. This includes photos, videos, status updates, comments, and any other content that might contradict your injury claims.

What do they look for?

When insurance companies or defense firms do these social media checks, they look for evidence to prove you are exaggerating or lying about your injuries. If your social media activity shows you engaging in activities that are inconsistent with your injury claims, it can be used to challenge your credibility. For example, if you state that you no longer go to the gym because of your neck and back injuries, and then you post photos or status updates of yourself at the gym, your credibility will be challenged and ultimately, you could lose your case or the value of your claim would substantially plummet.

What if I have my social media accounts private?

While private accounts offer a layer of protection, they are not entirely immune. During litigation, subpoenas can be issued to access private social media accounts.

How can I ensure my social media activity will not be used against me?

We can all be guilty of making our lives seem more attractive on social media from time to time. We edit our lighting and share only our happiest moments until social media presents an aesthetic yet fragmentary version of our lives. Although it’s a natural, human behavior, it’s important when filing an injury lawsuit or claim to manage your online presence carefully.

1. Keep your social media posts honest and transparent.

This means not minimizing your injuries. By accurately reflecting your situation, your social media activity supports, rather than undermines, your personal injury claims.
You don’t want anything you say to be taken out of context. A comment meant to make your friends laugh could be interpreted by an insurance company as proof that you’ve been misrepresenting your injuries. You must be mindful of what you post on any platform.

2. Consult with your attorney.

Never hesitate to contact your attorney. By exercising caution and staying informed, you can help safeguard your case from potential pitfalls related to your social media activity.

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Have you been injured in an accident? Better Call Sahar 619-649-2440 or Contact Us here for a no obligation consultation.