How Social Media Activity Can Affect a Legal Claim

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Been hurt in an accident and thinking about filing a claim?

Here’s something most people never think about… Your social media accounts.

That snapshot from a family BBQ. Your check-in at the gym. Your ” feeling wonderful today!” status. Any of these could wind up in front of an insurance adjuster or defense attorney.

Here’s the problem:

Social media evidence was discovered in approximately 500,000 litigation cases in just one year. Plus the opposing side is reviewing your profile starting on day one.

What you post can (and will) be used against you.

Learn exactly how social media can help or harm your case. And what you can do about it.

Time to dive in!

Here’s what’s inside:

Why Your Posts Matter When You Need To Prove Negligence
How Insurance Companies Use Your Social Media
5x Social Media Mistakes That Can Sink Your Claim
How To Protect Your Claim Online

Why Your Posts Matter When You Need To Prove Negligence

Every injury claim comes down to one big question…

Who was at fault?

Want to learn how to prove negligence? You must prove four elements:

The other person owed you a duty of care
They broke that duty
Their actions caused your injury
You suffered real losses

Sounds simple, right?

Oh…but wait…. There’s more…. Your social media posts can damage each of these statements. The strength of your evidence establishing negligence and the actual value of your injury dictate the value of personal injury settlements, which means that ONE careless tweet about the accident or your healing process can reduce your evidence of liability and decrease the amount of money opposing counsel is willing to pay.

For example…

For example, you allege that you suffered a back injury that prevented you from working. Then you post a photo of yourself lifting a heavy box. The defense will introduce that photo to prove your injury is not severe.

Photographs/videos can actually help your claim as well. They can prove what the accident scene looked like, or establish a timeline. They can even show how your injury affects you on a day-to-day basis.

Insurance companies want to pay out as little money as possible. That is the nature of their business.

And social media gives them a free window into your life.

Consider how many people use social media. Approximately 71% of Americans use Facebook and nearly 50% of adults logged into Facebook daily. That’s why adjusters look at profiles during the beginning stages of a claim.

What are they looking for?

Photos or videos that show you being active
Check-ins at places that don’t match your story
Comments about the accident or who was to blame
Posts that don’t match the timeline you gave

Here’s the thing most people don’t realise…

Having your profile set to “private” won’t keep you safe. The court can order you to turn over private posts and messages if they believe them to be pertinent to their case. And friends can screenshot or copy and paste anything you post publicly.

Want to keep your claim strong? Avoid these common mistakes.

Posting About The Accident

You want to call all your friends and tell them what happened. But even an innocent sounding post like “never even saw that car coming” can imply you were at fault.

That’s significant if your case rests on proving negligence of the other party. Discuss in confidence with your attorney.

“Feeling so much better today!”

It doesn’t look bad… But defense can use it to suggest your injuries are better. Even if you happened to have one good day out of a month of pain.

Showing Physical Activity

A hike. A dance at a wedding. Picking up your kids.

Photos of you walking (or appearing upright) can be taken out of context. They don’t show your entire day on camera. However, they can damage your claim.

Deleting Old Posts

This one surprises a lot of people…

Deleting posts following an accident can appear as if you’re trying to cover up evidence. In fact, some courts will penalize individuals for destroying evidence. Deleted information can usually be recovered as well.

The better move? Stop posting and speak to your lawyer before you remove anything.

Accepting New Friend Requests

Got a friend request from someone you don’t know? Don’t accept it.

It may be an investigator wanting to see more of your profile. Only friend people you know and trust until your case has concluded.

How To Protect Your Claim Online

The good news?

Keeping people from stealing your claim is really simple. Just follow along:

Pause posting: Take a break from social media until your case is settled.
Tighten your privacy settings: Obviously, this won’t prevent a court order from being served, but it can prevent the general public from seeing your posts.
Ask friends/family not to tag you: Their pictures may also appear in your case file.
Don’t take your case into PMs: PMs can be requested as evidence, just as threads/posts can be.
Take photos of anything that might help you prove your side of the story.

It really is that simple.

And hey … your social media accounts aren’t out to get you. In fact, posts from before the accident occurred can help demonstrate to the court what life was like for you before your injury.

The Bottom Line On Posting During A Claim

Social media use is prolific. During the course of a legal claim, each post can be potential evidence.

Knowing how to prove negligence is half the battle. Make sure your own actions online don’t destroy your story.

To quickly recap:

Assume the other side will look at your profile
Don’t post about the accident or your injuries
Don’t delete anything without legal advice
Lock down your privacy settings
Speak to your lawyer before you post

Keep it simple, stay quiet online and let the evidence speak for itself.

Frequently Asked Questions

Yes. Social media is considered just like any other form of evidence. If a post is found to be relevant and authentic, it can be admitted.

How do you prove negligence in a personal injury case?

You must establish that another person had a duty of care to you. You must also prove that this duty was breached and caused your injury and losses. Pictures, medical records, witness statements and police reports are all forms of evidence that can help you.

Don’t delete posts without first speaking with an attorney. Deleting posts may constitute hiding evidence. It’s typically best to stop posting and make your accounts private.