Social media use has become such a common practice for people of all ages that it’s often done without even thinking twice. You have a great day, meal, or night out, and you post about it. If you’ve had a rotten day or a terrible customer service experience, you post. It’s become such an automatic go-to these days that it’s done without even thinking. But we are here to tell you to absolutely think twice before posting on social media if you are in the midst of a personal injury claim, or you plan to file one soon.
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Here’s the scenario: You experience one of life’s curveballs – an injury that not only took you by surprise, but tipped your life upside down. The temptation is strong to post about it. Maybe even drum up some sympathy “likes” to cheer you up a bit. There’s nothing wrong with letting others comfort you, but the fact is, social media is a snapshot into your personal life, and the details of what you post can come back to haunt you. Those details can also be misconstrued, misinterpreted, and even purposely twisted to portray you as someone you are not, doing things you actually are not doing at all.
How Insurance Companies Pounce on Social Media
Your social media accounts, whether they include Facebook, Instagram, X, or even LinkedIn, may contain content that can hurt or even ruin a legitimate personal injury claim. Think about it: Insurance companies and legal teams on the other side of the legal playing field, so to speak, will be looking for anything to weaken your claim. Where better to start in 2025 than with a person’s public profile?
To be clear, we are not advising you to erase your digital life; instead, we recommend thinking carefully and being smart before posting during a personal injury claim, and this advice also applies to your friends and coworkers. This is about protecting your present needs and your future, particularly if you have suffered significant losses that warrant compensation.
The DON’Ts: Social Media Traps that Could Harm Your Case
- Don’t overshare: This might seem obvious, but it goes to the core of social media use. Posting detailed accounts of your accident, the medical treatment you receive, your pain (read that again), or details concerning the status of your claim is a terrible idea. Why? Because anything you say can be taken out of context and used against you.
- Don’t post photos about your claim: This is a big one. If you claim a back injury prevents you from lifting, posting an image in the gym or next to your newly planted garden might require some explanation. A picture might be worth a 1000 words, but it doesn’t tell the entire story. Therefore, mindful of what your visual content is and is not saying (perhaps you sat in the sauna at the gym or your friend did the planting while you supervised?) Explaining, defending, and risking your credibility is not the position you want to be in.
- Don’t speculate about fault: It’s tempting to vent frustrations online, especially when you’re hurting and need a little comfort or empathy. But angry rants about the party you believe is at fault, the unfairness of it all, or the cost of the care you are receiving from doctors will not put you in a favorable light. Instead, it could make you seem unstable or irrational. Let your legal team do the talking.
- Don’t accept new friend requests: Do not allow anyone into your social media circle until your case is resolved. If you stick to this rule, you won’t have to guess whether someone’s intentions are pure. Insurance adjusters and investigators can create phony profiles as a way of accessing information. Keep your circle tight during this time.
- Don’t delete posts: Instead of sanitizing your profile, which can give the appearance of trying to hide something, check your privacy settings. Make sure the options to view your social media accounts are set to “private” and require permission to view. Limit who can see your content to only close friends and family. Speaking of friends and family, consider issuing a blanket request to everyone in your circle to please not tag you in photos until further notice.
What You Should DO Regarding Social Media and Your Case
The recommendations in this blog are designed for a generic audience. Be sure to ask your lawyer about your social media habits. Think of your personal injury lawyer as your number one ally during your case. Your attorney should be able to provide specific advice tailored to your situation.
The Bottom Line for Social Media Use During a Personal Injury Claim
Dealing with a personal injury and subsequent legal claim is hard enough; don’t make the whole situation more complicated and possibly lessen your chances of a full and fair outcome by posting on social media.
Hire a Personal Injury Attorney in Sacramento
If you have been injured in an accident that wasn’t your fault and you need legal help, call Eason & Tambornini at (916) 438-1819 to schedule a free consultation. If we represent you, there is no fee unless you win.