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.
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The Blackwell Law Firm is Top notch. Patricia and Danielle worked so hard to help me and keep me informed. Jeff , was wonderful as well. I would recommend them 1000000%. If you ever have a question, you can reach out and they will explain whatever it is to you. They make you feel like you are family. They go above and beyond. I am truly grateful for the Blackwell Law Firm.
Response from the owner:I'm so happy we could help with your case. We want you to know that you have a partner who will walk with you, and work hard for you, throughout the process. We also agree that Patricia and Danielle are great at what they do! You know that if you ever need anything, we are here to help! Thank you!
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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!
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