How Social Media Impacts Case Values in Personal Injury Lawsuits

There is no doubt that social media has become an integral part of most people’s daily life.  Now, there are literally dozens of platforms where we all share personal experiences, connect with others, and document key life moments.  From posting proposals to Facebook to sharing the latest dance trend on TikTok, social media is quickly becoming an eye into everyone’s lives.

But in personal injury cases, what you post online can have serious, and sometimes devastating, consequences. A single photo or comment can undermine your credibility, contradict your claims, and potentially cost plaintiffs or defendants millions of dollars in case value. Insurance companies and defense attorneys routinely scour social media to find anything they can use against you, and good plaintiffs attorneys do the same for their clients.

Understanding how social media is used in these cases—and how to protect yourself—is critical.

Understanding the Personal Nature of Personal Injury Claims

Personal injury cases are deeply connected to the injured person’s life, encompassing their physical, mental, and financial struggles after an injury.  This personal nature creates a complex dynamic where online social media activities may inadvertently provide a window into these aspects. For example, social media posts can show:

• Physical Injuries: Posts showing an injured person in the hospital or at the doctor’s office can document the severity of someone’s injuries and required medical care. 
• Emotional Distress: Comments, posts, or updates from an injured person might be used to show the negative or dark emotions that an injured person experiences after an injury. 

How Social Medica Can Negatively Affect Personal Injury Claims

Social media can have a significant impact on personal injury claims, as it provides a public window into the injured person’s life.  While it may seem harmless to post updates or share moments with friends, those posts can easily be used as negative evidence in a legal case.  Here’s how social media can negatively influence personal injury claims:

• Undermining Credibility: Posts showing physical activity or travel may conflict with claims of restricted mobility or severe pain.  For example, a photo of someone claiming a back injury while at a golf course makes it appear that their back must be okay enough to play golf.  This evidence can be used at trial to show the jury that the injured person is not as injured as they are claiming to be. 
• Free Insurance Company Surveillance: Insurance companies often look for ways to monitor or surveil people that are making personal injury claims to minimize their payouts if they can make it look like someone is exaggerating their injuries.  Prior to social media, this was done the way you see in the movies, where insurance companies would hire someone to wait near someone’s home or business and take photos/videos of them doing activities.  Now, unsuspecting individuals are essentially surveilling themselves for free by documenting all activities and posting it online. 

The Positive Role of Social Media Evidence

Social media in personal injury cases is not all negative. Social media can be positive evidence to support a personal injury claim by:

• Establishing the Timeline of Events: Many injured victims often forget specifics of their injury or accident as time passes from the accident.  However, photos or posts made at the time of the accident and posted on social media can help refresh or corroborate the injured person’s version of events.  
• Showing Somone’s Emotional Distress: Comments, posts, or updates might be used to show the negative or dark emotions that an injured person is experiences after an injury. For example, an injured person might post that instead of having a birthday party at a fun location, they are spending their birthday in the hospital or at physical therapy. 

Common Mistakes Injured Victims Make on Social Media

If you’ve been hurt in an accident, what you post on social media can hurt your case. Insurance companies and defense lawyers will often look through your posts to find anything they can use against you. Here are some common mistakes to avoid:

• Believing That Private Means Private: Many people believe that because their social media accounts are marked “private” that this means that any post or information contained is protected from being disclosed. This is not true. In fact, almost all posts and information on social media is archived. Thus, even deleted posts and information can end up being discovered by insurance companies and defense lawyers. Thus, the best practice is to just not post at all.   
• Checking In or Tagging Locations: If you “check in” at a gym, event, or restaurant, it could give the impression that you’re active and healthy—even if you’re just trying to feel normal again.

Tips for Victims: Stay Off Social Media

Given the numerous potential pitfalls of social media, the best thing you can do after an accident is to stay off social media completely. If that’s not possible: 

• Don’t post anything about the accident, your injuries, your recovery, or your personal activities. 
• Don’t accept any new friend requests that you don’t recognize. 
• Understand that anything you post could be shown to a judge or jury.

 How Much Does It Cost to Hire a Personal Injury Lawyer

If you’ve been injured in an accident, the last thing you should have to worry about is how to afford a lawyer.  At Morrow & Sheppard LLP, we represent personal injury clients on a contingency fee basis—which means you pay nothing upfront, and you don’t owe us anything unless we win your case.

We also offer a free, confidential consultation to evaluate your case, answer your questions, and explain your legal options. Including, details on how to prevent social media from negatively impacting your case. There are no hidden fees and no obligations.  Our goal is to make high-quality legal representation available to workers and families during one of the most difficult times of their lives.

Personal injury cases are often complex and routinely involve large corporations, multiple at fault parties, and serious, long-term injuries.  Companies have legal teams working to protect themselves—and you deserve a team that’s equally committed to protecting you.  We invest the time, resources, and expert support needed to build strong cases and fight for the full compensation our clients deserve.

If you or a loved one has been injured, don’t wait.  Call us today at (713) 489-1206 or reach out through the contact form on this site to speak with an experienced personal injury lawyer. There’s no fee unless we win.