Social Media Posts Can Ruin a Personal Injury Case

Posted by Eric G. Young | Feb 27, 2024 | 0 Comments

In today's digital age, social media has become an integral part of our daily lives. From sharing updates about our activities to connecting with friends and family, platforms like Facebook, Instagram, and Twitter/X offer a convenient (and fun) way to stay connected. Unfortunately, what many people may not realize is that their social media activity can have significant and negative implications, especially when it comes to a personal injury case.

As a law firm dedicated to helping individuals navigate the complexities of personal injury law, we understand the importance of being mindful of what you post on social media, particularly if you are involved in a personal injury dispute. Here, we delve into the ways that social media posting can ruin a personal injury case:

Admissibility of Evidence

We are all familiar with the phrase, "Anything you say, can and will be used against you in a court of law." With social media, anything you post on social media can and  potentially will be used against you as evidence in court. Even seemingly innocent posts, such as photos of dinner with friends or status updates, can be misconstrued or taken out of context by the defense to discredit your claims or diminish the severity of your personal injuries. Therefore, it's crucial to refrain from posting anything while you have a personal injury case pending, particularly anything that could even potentially undermine your case.

Diminished Credibility 

Winning or losing a case often comes down to the plaintiff's credibility. How well do you present yourself? Are you likeable? Will jurors sympathize with you? Your social media presence can also influence how you are perceived by judges, juries, and insurance adjusters. Inconsistencies between your social media activity and the injuries you claim in your personal injury case can raise doubts about your credibility and the legitimacy of your case. For instance, if you assert that your injuries have significantly impaired your mobility or your ability to work, but your social media posts depict you engaging in physically demanding activities, it could weaken your credibility and ruin your personal injury case.

For example, recently a woman lost an $832,000 settlement in a motor vehicle case where she claimed her injuries were so debilitating, she was unable to work and lived in near-constant pain. The woman lost her substantial settlement when photos of her surfaced on social media depicting her winning a Christmas tree tossing contest only days after she claimed to have been nearly bed-ridden with pain.

Woman loses $832K settlement after photographs showed her winning tree tossing contest
Privacy Concerns

While privacy settings on social media platforms allow you to control who can view your posts, nothing is entirely private online, and privacy settings will not prevent discovery of social media posts. Defense attorneys often employ various tactics to access and scrutinize a plaintiff's social media content, including requesting access to private accounts through legal channels. Refrain from discussing any details of your personal injury case or sharing any information that could be used against you.

Preservation of Evidence

Many readers might be thinking that the solution to this problem is to simply delete your social media account. Problem solved, right? Wrong. In addition to being cautious about what you post, parties to litigation have a duty to preserve any evidence that could be potentially relevant to the case, including existing social media content. Deleting or altering posts after an incident occurs can be interpreted as an attempt to conceal evidence, which can have serious consequences for your case up to an including dismissal of the case. If you already have compromising social media content, consult with a qualified personal injury attorney to determine the best course of action for handling your social media posts.

Get Legal Advice from Someone Who Knows

Given the complexities surrounding social media's impact on personal injury cases, you should seek guidance from an experienced attorney who can provide personalized advice tailored to your situation. Only a qualified personal injury attorney can help you understand the potential risks associated with your social media activity and develop strategies to mitigate any adverse effects on your case.

At Young Law Group, we tackle issues with social media content every day. We have the unique perspective of having litigated cases on both sides of the aisle, so we know the dirty tricks the defense plays when it comes to social media. We also know how to blunt their efforts to ruin your personal injury case.

Exercise Caution!

In conclusion, while social media offers many benefits, you must exercise caution when posting content, especially if you are involved in a personal injury case. By being mindful of what you share online, preserving relevant evidence, and seeking guidance from a knowledgeable attorney, you can protect your interests and improve your chances of enjoying a favorable outcome with your case. 

Call Young Law Group today for a free consultation to discuss your personal injury case and how to handle your social media presence.

About the Author

Eric G. Young

Mr. Young began representing seriously injured persons in 1997. Since that time, Mr. Young has worked on behalf of both plaintiffs and defendants, so he has experience working with the "other side," which he feels gives him a unique perspective on how to best represent injured person. Over his...


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