Imagine you’re in the middle of a personal injury lawsuit, claiming that your injuries have severely impacted your life. Then, an insurance adjuster stumbles upon a recent photo of you smiling at a party, holding a drink.
Suddenly, your case is no longer as strong as you thought.
It sounds unfair, but this happens more often than you’d think. Insurance companies and defense attorneys actively look for ways to weaken your case, and social media gives them many opportunities.
So, before you post anything online, let’s talk about how social media can ruin your case and what you should do instead.
What Counts as Evidence in a Lawsuit
You might be thinking that only videos or photos that show physical activity can be used against you. That’s not true.
Here are other things on social media that can be considered evidence:
- Photos or videos of you looking active or happy.
- Location check-ins that suggest you’re traveling or attending events.
- Comments or messages that mention your condition or accident.
- Likes and reactions on other people’s posts that imply your involvement in activities.
Even something seemingly harmless, like sharing a meme about how you’re dealing with the pain or injury, could be misinterpreted and taken as proof that your injuries are not that bad.
However, courts usually only accept evidence that is relevant and can be proven to be authentic. And how far an opposing attorney or insurance adjuster can go varies by state.
So, always look for lawyers who are experienced in your area. For example, if you’re in Albany or any other place in New York, an Albany personal injury attorney can help and guide you better.
Insurance Companies and Lawyers Are Always Watching
If you assume only your friends and family see your posts, you couldn’t be more wrong.
Insurance adjusters, opposing party’s lawyers, and even private investigators regularly go through social media for evidence. Their goal is to find anything that contradicts your claim.
For example, if you’re suing for a back injury and post a video of yourself lifting a shopping bag, they will see that as evidence. Adjusters and lawyers can argue that you’re not as injured as you claim.
Even a simple status update about how you’re feeling can be twisted into proof that you’re exaggerating your injuries.
Private Accounts Aren’t as Private as You Think
Setting your social media profiles to private might help, but it’s not foolproof.
Opposing party’s lawyers can request access to your accounts during the legal discovery process, and judges often approve these requests.
Even without direct access, lawyers can get screenshots of your posts and online activity through mutual friends and followers.
So, the safest route is to not post anything – especially something that you wouldn’t want an insurance adjuster to see.
Deleted Posts Can Still Be Retrieved
Deleting a questionable post might sound like a smart move. You made it disappear, right?
Unfortunately, even if you remove a post, someone might have already taken a screenshot. And courts take deleted posts seriously.
In some cases, deleting social media content during a lawsuit can be considered destruction of evidence. And this could result in legal consequences.
Instead of deleting posts, consult with your lawyer about the best way to handle them. They might have strategies to minimize potential damage without creating more legal issues.
Even Comments and Tags Can Hurt You
Even if you don’t post anything yourself, your friends and family might unknowingly put your case at risk.
Common problems include:
- Being tagged in photos where you appear active or simply happy.
- Friends checking you into locations, even if you weren’t really there.
- Comments from friends like “It was good to see you out and about.”
All of this can create doubt about the severity of your injuries. One careless tag from a good friend can undo weeks of legal preparation.
How Far Can Social Media Surveillance Go?
If you’re wondering if it’s even legal for insurance companies to spy on you like this, the short answer is yes.
Social media content is considered public information, and courts have ruled that insurance adjusters and defense lawyers have every right to review it.
Some investigators even use fake profiles to send friend requests and get access to private posts.
That’s why it’s so important to be selective about who you accept as a friend or following – at least during your case. If you don’t know someone personally, just don’t let them in.
What You Should Do Instead
The best way to protect your case is to minimize your online presence – at least for a while.
Here’s what you can do:
- If possible, stay off social media entirely. Take a break until your case is resolved.
- Ask friends and family not to tag you. They should know that even an innocent post can hurt your case.
- Tighten your privacy settings. This might not make you invisible, but it does limit some access.
- Avoid discussing your case online. Even vague posts like “Some people just don’t play fair” can be misinterpreted.
- Think before you post. If there’s any doubt, simply don’t share it.
What If You Have Already Posting Something Risky?
If you’ve already shared something that could be used against you, step one is to not panic.
Step two? Don’t delete the post. Instead, consult your attorney.
Lawyers usually have strategies for handling such cases. They may be able to help you:
- Clarify or explain the post in a way that neutralizes its impact.
- Provide additional evidence to counter any misunderstandings.
- Prepare a legal argument about the context of the post.
A skilled attorney can do a lot more than just represent you in court. So, don’t leave anything to chance.
Final Thoughts
Social media may seem harmless, but in a personal injury case, it can be a powerful weapon that can be used against you.
One innocent post, tag, or comment can cost you the compensation you rightfully deserve.
So, before you post anything, ask yourself this question: “Would I be okay with a judge or insurance adjuster seeing this?” If the answer isn’t a confident “yes,” it’s better to stay silent.
And if you’ve already made a misstep, don’t try to fix it alone. An experienced personal injury attorney can guide you on the best way to handle your online presence without hurting your case.
