Yes. Significantly. And it happens more often than most accident victims realize.
Social media is one of the first places insurance defense teams and opposing attorneys look when building a case against a personal injury claim. The reasons are straightforward — social media posts are public, timestamped, and admissible evidence. And they are created without legal counsel, often without any awareness of their implications.
Posts that contradict your stated injuries.
A photograph of you at a social event, playing with your children, hiking, or even just standing comfortably can be used to argue that your injuries are not as severe or limiting as you have claimed. It does not matter that pain is not always visible. It does not matter that you pushed through discomfort to attend an event. What matters is what the photograph shows — and what the defense can argue it shows.
Comments about the accident.
Anything you write about the accident itself — how it happened, who was at fault, how you are feeling — becomes part of the evidentiary record. A comment that contradicts your later legal position or that minimizes your injuries is a gift to the opposing side.
Check-ins and location data.
Location data embedded in posts and check-ins can place you at locations at times that contradict your stated limitations or your account of your activities during your recovery.
What to do.
Do not post anything about the accident, your injuries, your recovery, your activities, or your case on any social media platform from the moment the accident occurs through the resolution of your claim.
Review your existing social media privacy settings and set all accounts to the most restrictive settings available.
Do not accept new connection requests from people you do not know during the pendency of your claim — opposing investigators sometimes attempt to access private social media content through fake connection requests.
Tell family members not to post photographs of you or tag you in location data during your recovery.Call Cohn & Swartzon LLP at 888-480-3883. One of the first conversations we have with every client is about social media and digital footprint. Our team is available 24 hours a day 7 days a week at legalhelp123.com. The consultation is always free.