Social media is a huge part of daily life. We share updates, post photos, and engage with friends without a second thought.
But when you’re involved in a personal injury case, what you post online can do more harm than you think.
Insurance companies and defense attorneys monitor social media for anything that could weaken a claim. That’s why personal injury attorneys at Bentley & More LLP strongly caution clients against online activity during a case. Even a simple post can be twisted to dispute an injury.
Staying off social media isn’t about hiding anything but protecting your case. What seems harmless to you might be used as evidence against you in court.
Social Media as Evidence
Anything you post online can be used as evidence in a personal injury case. Insurance companies and defense attorneys actively search for social media activity that contradicts injury claims. A simple photo or video can prove that a plaintiff is not as injured as they claim to be.
Even harmless posts can be twisted. A picture from a family gathering might suggest a higher level of physical activity than reported. A check-in at a gym or restaurant could be used to argue that a person is not in pain or suffering.
Social media also allows insurers to track a person’s movements. If someone claims limited mobility but posts a hiking photo, it can seriously damage the case. Even if the picture was taken before the injury, the defense may still use it to raise doubts. That’s why staying off social media is the safest choice.
Potential for Misrepresentation
Social media rarely reflects reality. Most people post their best moments, not their struggles. However, in a personal injury case, this “highlight reel” can work against a plaintiff.
Posting about vacations, dining out, or attending social events can create the impression of an active, pain-free life. Even if someone is genuinely suffering, a smiling photo may suggest otherwise.
This selective portrayal can lead insurers and juries to believe a person is exaggerating injuries. A single post can overshadow medical records and testimony. That’s why lawyers warn clients to avoid social media—it prevents misleading assumptions that could hurt their case.
Impact on Jury Perception
Jurors are human, and their opinions are shaped by what they see online. If they come across a plaintiff’s social media activity, it could influence how they view the case. Even if posts are not officially presented in court, jurors may still find them and form negative assumptions.
A plaintiff claiming severe pain but posting about social outings may appear dishonest. Even without bad intent, an innocent post can make a jury question the legitimacy of an injury. Social media can also impact how jurors perceive the character.
If a plaintiff posts jokes, memes, or even old vacation photos, it may create an impression that contradicts their claims.
Jurors today are more tech-savvy than ever. Many conduct their research despite court instructions not to. If they find a plaintiff’s social media, it can introduce doubt that wouldn’t exist otherwise. Avoiding social media helps keep the case focused on facts, not perceptions.
Protecting Client Confidentiality
Sharing details online can reveal private case information. This can break the lawyer-client trust. Talking about your case online can give away your legal plans. The other side might use this information against you. It is important to keep your case details private.
