In today’s world, posting on social media feels second nature. Whether it’s Instagram, Facebook, TikTok, or X (formerly Twitter), many people share updates about their daily lives without a second thought. But if you’ve filed—or are planning to file—a personal injury claim, those posts could harm your case more than you realize.
Insurance companies and defense attorneys increasingly monitor claimants’ social media activity to find evidence that contradicts injury claims. Even something as harmless as a smiling selfie can be twisted to cast doubt on your injuries or credibility. Here are some tips from our legal team at Plunkett, Hamilton, Manton & Graves, LLP, in Augusta, GA, to ensure your social media presence does not impact your personal injury claim.
Why Social Media Matters in Personal Injury Cases
According to the American Bar Association, social media content has become a standard part of the discovery process in litigation. Opposing attorneys often search for photos, videos, and comments that could be used as evidence against you.
This means that posts showing you active, traveling, or engaging in physical activities—even if taken before your accident—can be misinterpreted to suggest your injuries aren’t as severe as claimed.
Some common social media mistakes that can hurt your claim include:
- Posting Photos or Videos of Physical Activity: A single photo of you lifting groceries, attending a party, or going for a walk can raise questions about your injuries. Even if the activity was brief and caused pain later, insurers may argue you’re exaggerating your condition.
- Sharing Accident Details Online: Posting about how the accident happened, who was at fault, or your medical diagnosis can backfire. These statements can be used to challenge your official testimony or settlement negotiations.
- Accepting New Friend Requests: After filing a claim, you may get friend requests from people you don’t know. Sometimes, these accounts are created to access your private content. Accepting them could expose posts you intended to keep private.
- Tagging or Being Tagged in Others’ Posts: Even if you avoid posting yourself, being tagged in photos by friends or family can put you at risk. A casual picture of you smiling at a barbecue could be misconstrued as evidence that you’re not in pain.
- “Checking In” at Locations: Location tags can indicate a level of mobility or activity that insurers may use to dispute your claims.
What You Should Do Instead
Here are a few social media tips that can benefit your personal injury claim:
- Go Silent on Social Media – The safest approach is to avoid posting entirely until your case is resolved.
- Tighten Privacy Settings – Make your accounts private, but remember that courts can still require you to provide access to relevant posts.
- Ask Friends and Family Not to Post About You – This includes avoiding tagging you in events or sharing pictures of you.
- Speak with Your Attorney Before Posting Anything – If you’re unsure, get professional guidance first.
How an Attorney Can Protect You
Your personal injury at lawyer Plunkett, Hamilton, Manton & Graves, LLP, can advise you on managing your online presence, respond to requests for social media evidence, and ensure your rights are protected during discovery. They can also explain how your digital footprint could impact settlement negotiations or a jury’s perception.
Social media is a powerful tool—but during a personal injury case, it can also be a powerful weapon for the defense. The best way to protect your claim is to limit online activity, stay mindful of what others post about you, and follow your attorney’s guidance every step of the way.
If you are injured and need a personal injury attorney in Augusta, call our team at Plunkett, Hamilton, Manton & Graves, LLP, for a free consultation and legal advise.
Posted on behalf of