How Social Media Can Impact Your Personal Injury Claim
March 21, 2025
Social media, which is digital technology that allows us to share stories and pictures through virtual networks and communities, is here to stay. Facebook, Instagram, X, and other social media communities have proliferated, and it’s the rare person who does not use social media to one degree or another. But if you are engaged in a personal injury claim against another party, it’s important to know how social media can undermine your claim or legal position. Read on to learn more from a Santa Ana personal injury attorney.
What Is a Personal Injury In California
In California, personal injury law creates the framework for holding people responsible for their negligence, intentional acts or misconduct. A personal injury can be the result of a vehicle accident, a slip and fall injury on public or private property, a dog bite, or other incident or accident. While sometimes it’s the result of negligence, meaning that the responsible party did not meet the requisite standard of care, sometimes it’s more egregious and the result of intentional acts or misconduct.
To prove negligence requires the person making the claim, known as the plaintiff, must prove the following:
- The person responsible, known as the defendant, had a duty of care to the plaintiff
- The duty was breached
- The breach was the proximate cause of the plaintiff’s injuries
- The plaintiff’s injuries are compensable
How Lawyers and Insurance Companies Use Social Media in Personal Injury Cases
Social media has become essential viewing for lawyers and insurance companies in personal injury cases. It’s critical to understand how these entities use social media platforms to investigate cases and collect evidence.
Lawyers and insurance companies conduct a social media investigation on accident victims to gather evidence that can be used to minimize or deny compensation claims. Generally speaking, anything you post on social media can be used against you as evidence. This evidence can impact your case in ways you may not immediately imagine. Let’s assume you claim to have suffered a serious spinal injury from a fall in a sports venue. While working with your lawyer to document your damages, you assert that you are entitled to be compensated for lost wages because you can no longer perform your job as a house painter. Specifically, you say that you are unable to climb a ladder or otherwise perform the strenuous movements necessary to paint a house. But if during the course of your lawsuit you post a picture of yourself as an able-bodied person playing tennis with your buddies or doing some strenuous work in the yard, it should be obvious how this posting undermines your legal position.
It’s also important not to share any information about your medical condition on your social media posts. For example, posting about your medical treatment on social media can provide insight into the severity of your injuries. It’s important to restrain yourself, and not post anything about how you feel, whether it’s good or bad, during the period of time that your claim is being evaluated by an insurance company or in litigation. Again, the concern here is that the other sides’ lawyers and insurance investigators will be looking for evidence that you have fabricated or exaggerated your injuries so that they can minimize the value of your claim, or even deny it.
It’s important to also be careful about making any comments on your social media accounts that may be viewed by the other side as admissions of guilt. For example, in the hypothetical case of the house painter who fell in the sports venue, even jocular comments like “I may have had too many beers to celebrate the Dodgers’ win” can be quite problematic.
Also be aware about making any disparaging comments about the defendant or opposing parties or witnesses on your social media accounts. It’s possible that these types of comments could be shared with the judge or jury, and you will be presented as an unsympathetic party, or otherwise lacking credibility.
The investigation undertaken by lawyers and the insurance companies is not just limited to your social media account as the plaintiff. The social media accounts of the witnesses supporting your case will also be analyzed closely for pictures or narratives that undermine their veracity, or yours. Similarly, other people tagged in your posts are not immune from scrutiny. If you’re involved in pursuing a legal claim, it’s important to let those around you know that they should not mention you or the accident or incident, or post any pictures. They should also review friend requests carefully during this period of time.
Again, the point of these inquiries is to contradict or bring into question the claims that you’re making. The defense will often go to any extent to mischaracterize or take a photo or comment out of context. Rather than have to try to explain inconsistencies, it’s better to avoid having these inconsistencies raised at all.
What About Social Media Privacy Settings?
People are confused about what is accessible to lawyers, the judge and the jury during the discovery phase of a personal injury claim. Many social media users operate under the assumption that their “private” accounts are, in fact, private. But this is not the case. Many courts have held that private messages, deleted comments, and other things that users have argued are private are subject to discovery if they contain information that is relevant to the lawsuit. Courts have repeatedly ruled that privacy settings do not guarantee absolute privacy when it comes to litigation. It’s a stark reminder that what you share online, even in confidence, can be exposed in the courtroom, and thus, users must navigate their social media with caution.
Contact the Law Offices of Benjamin Arsenian PC
Here at the Law Offices of Benjamin Arsenian, we are skilled and experienced advocates who will work for the compensation you deserve from your personal injury. Your best interests always come first. Contact us today.