In today’s world, it’s second nature for many people to post about their daily lives — especially during big events. But if you’ve been injured in a car accident or work-related incident, posting on social media can seriously harm your personal injury claim.
Over the years, I’ve seen firsthand how insurance companies twist innocent posts to deny or devalue legitimate claims. In this article, I’ll explain how social media can be used against you, offer a few examples, and share tips to help protect your case and your recovery.
Social Media May Be Public – Even If Your Profile Is Private
Many people assume that if their Facebook, Instagram, or other accounts are set to “private,” they’re safe from prying eyes. That’s not necessarily true. Insurance companies and defense lawyers regularly monitor social media accounts, and there are often different ways they can access your information. Plus, courts can allow them to obtain posts, photos, comments, and even deleted content if it becomes relevant to your injury case.
In short, nothing you post online is truly private. Defense attorneys are skilled at locating, subpoenaing, and obtaining social media evidence. Once obtained, those same lawyers are skilled at using – and misusing – it against you.
Common Mistakes Injury Victims Make Online
Here are some of the most common – and costly – social media mistakes we’ve seen Alabama injury victims make:
1) Posting about the accident:
Even a short comment like “Got rear-ended today but I’m okay” can later be used to argue you weren’t seriously hurt.
2) Talking about your injuries or recovery:
Comments such as “feeling better today” can be taken far out of context. As an attorney who has handled injury cases for many years, I know that pain levels go up and down. I know you can have good days and bad days when dealing with a serious injury. But insurance companies will try to use your comments against you whenever possible.
3) Sharing photos at events or vacations:
Insurance companies may try to use these photos to show you are not as hurt as you claim.
4) Checking in at locations:
Location tags and check-ins can be used to track your movements and challenge your statements.
5) Joking or sarcastic comments:
Even offhand remarks can be used to question your credibility or emotional distress.
It’s not just accident victims. One young Huntsville attorney likes to post things on social media that he openly admits are “cringeworthy.” He posts to get attention and cases. But is it helpful to his clients? Of course NOT. His own comments and posts have hurt his clients and cases tremendously. They’ve resulted in courts and opposing counsel raising issues that should never have existed. As attorneys, our primary job is to help our clients. Posting cringeworthy content for attention does not accomplish that purpose. While his behavior hasn’t yet resulted in a verdict being reversed, this has happened to other lawyers.
How Insurance Companies Use Your Posts Against You
Insurance companies have one goal – to pay as little as possible for injury claims. If they can use your own words or images against you, they will. Here’s how:
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They take screenshots of your posts to capture anything they can use, twist, or question.
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They compare your activities with your medical records or statements to argue that you’re exaggerating.
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They pair your online activity with private surveillance to create a misleading narrative.
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They monitor your locations, which can make it easier for a private investigator to conduct surveillance on you.
A Few Real-World Examples of Cases Hurt by Social Media
We’ve seen several personal injury cases in Alabama jeopardized by a client’s social media activity:
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One client posted a gym selfie weeks after a back injury. The post appeared to show the client lifting more than he should.
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Another client shared photos from a family barbecue. Although seated (and hurting), the photos were used to argue he was leading a normal, pain-free life.
In both cases, these posts delayed or reduced the value of the claim – not because the injuries weren’t real, but because the defense used them to create doubt. In every case at the Blackwell Law Firm, we talk to our clients about social media use and how it may be used against them.
What Goes Around Comes Around
Social media can be used against you. But it can also be used against opposing parties and their experts. We all know people who overshare. In every case, we also review social media. I’ll never forget the case many years ago (back in the MySpace days) where I found a treasure trove of photos that absolutely destroyed a safety expert offered by the defense. Since then, on many occasions, we’ve found and used Facebook and other social media posts in cases.
Tips To Protect Your Case On Social Media
If you’ve been injured in an accident or on the job, follow these steps to avoid undermining your case:
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Stop posting if possible. Don’t share new information until your case is resolved.
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Ask friends not to tag you in posts or photos.
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Adjust your privacy settings – but know that privacy is no guarantee.
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Don’t delete old posts. Deleting content may be viewed as destroying evidence.
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Don’t comment about your case, your injuries, the other parties, or the legal process.
The best practice is to go silent. I know that can be difficult for many people. If possible, let your medical records and your lawyer speak for you.
What You Should Do When Injured
Focus your energy on recovery. Attend all medical appointments. Follow your doctors’ advice. If you have concerns or questions about your claim, talk to your lawyer – not your followers.
At the Blackwell Law Firm, we take a hands-on approach. We work with our clients and provide advice throughout the medical treatment process. We want our clients to know they have help. In today’s legal world, that is not common. But it’s the approach we believe best helps injured people.
Why Good Legal Advice Early On Makes a Difference
At Blackwell Law Firm, we don’t just file paperwork. We don’t just wait for medical care to complete. We guide clients through every step of the process. We believe real legal help means walking through the process with you. We work hard from day one to help your recovery while building the best possible case for you.
Call Us Now (256) 261-1315
I can not express enough to you of how amazing Blackwell lawfirm is! From Patricia and Danielle to Me. Blackwell himself! They treat their clients in just going to say as close as they can like family. My case was handled very well and I’m satisfied with my outcome! Patricia is the heart of the program and you can truly tell that she loves what she does. I didn’t even look at reviews before I called Mr. Blackwell office little over 2.5 years ago but when I met him and he took my workers comp case at the beginning pro bono even if it didn’t turn into a case just so he could help me through the medical that I found out I would need I knew I had found the once in a lifetime attorney! Now he is humble when you tell him that every attorney in town says he is the best dang workers comp attorney in Alabama but I am here to tell you they all say it bc they know it. If you are reading this make an appointment even if you are questioning if you have a case or not he will let you know and you will love the team! Thank you Blackwell law firm once again!
Response from the owner:We are so thankful for the opportunity to help with your case. We also think Patricia and Danielle are amazing!!! They are so helpful with clients navigating the personal injury or work comp processes. From start to finish, we want to provide the advice and help that is needed while working non-stop for your maximum recovery possible. If you ever need anything, please let any of us know. We are always here for you!
Jeff is incredibly thorough, hardworking and honest. Patricia was so helpful throughout the process answering questions promptly and making me feel at ease. I highly recommend the Blackwell Law Firm!
Response from the owner:Thank you for the great recommendation, Rob! We truly value your support and are thrilled that you had a smooth process with us.
I highly recommend Blackwell Law Firm. Jeff and his staff are friendly and very professional. My mom and I are very grateful for everything.
Thank you!! 🙂
Response from the owner:We are so happy we could help your mother after her injury. We are grateful for the opportunity to work with you and your mother's doctors to build the best case for her. We are here if you ever need anything! Thank you so much!
The case took years as most cases do, but Patricia was always trying to give updates. And if I had any questions she would always find out the answers, and go into great detail to explain each process and steps that were being taken. Jeff and his team will work their hearts out for you. I highly recommend them for your work comp suits.
Response from the owner:Thank you for the review! When you suffer a serious injury or disability at work, you deserve full work comp benefits. We know how unfair the system can be. That's why we work as hard as possible to recover the maximum benefits available. We want to win everything we can for our clients. We also want you to have the answers you need during each step of the process. I'm so happy we could help!
Excellent service, Danielle and Patricia are awesome. They get back to you fast and answer all your questions. Friendly team. Jeff cares about his clients. Would highly recommend..
Response from the owner:Kathy, thank you so much! We are so happy we could help with your case. We understand injuries and medical care are difficult issues. Our entire team is centered on providing answers, advice and advocacy to help and to obtain the best possible result for you. We focus exclusively on injury cases so we can provide the best possible help. Yes, Patricia and Danielle are great!
If you're wondering whether you need a personal injury lawyer—or you're just unsure who you want in your corner—give Jeff and his team, Danielle and Patricia, a call. They don’t treat you like just another client; they treat you like family.
They respond promptly to questions, often even after hours. The guidance and peace of mind they provide are incredible and virtually unheard of these days.
Response from the owner:Thank you for such a thoughtful review! At Blackwell Law Firm in Huntsville, our goal is to provide every client with personal attention, real answers, and the peace of mind that comes from knowing we are working hard in your corner! Danielle, Patricia, and I, are all grateful for the trust your wife Dawn and you placed in us. We focus on one thing -- Working hard for families across northern Alabama in personal injury, car accident, and work injury cases. We are so glad we could help!
I can't say enough good things about the people here. From the very beginning from the first phone call with Jeff they have gone to bat for me in everyway. And to Patricia and Danielle, thank you for all you've done. From listening to me cry to putting up with me ranting. And I can't say enough about their empathy. I can never thank them enough.<3
Response from the owner:We are so happy we could help with your case. We loved working with you! We know how stressful things can be following a serious injury. Our whole team is dedicated to helping build the best possible injury case for you. That's all we do. If you ever need anything, you know we are here for you. Thank you so much, Dawn.
Response from the owner:Thank you so much. Danielle and Patricia worked hard to help with your case. If we can ever help with anything else, give us a call.
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