Posted on 01/22/26
How can posting on social media impact your personal injury claim? It may undermine your case by showing physical activity inconsistent with your injuries, presence at social events, or smiling for the camera when you claim you are in distress. You may even say something innocent that’s later used to undermine your Buffalo injury case.
What Investigators For Defendants Look For In Social Media Posts
Courts accept social media posts as evidence, and defendants in your personal injury case will be looking for evidence that contradicts your claims. Some investigators may even leverage AI tools when investigating your socials. Things they look out for include:
Physical Activity
A social media post showing you are physically active may make it seem as if you are exaggerating your injuries. Your physical injuries, recovery time, and damages like pain and suffering are factored into your claim. If you or your friends then post images of you engaging in activities you should not be able to undertake owing to your injuries, you are providing evidence that you aren’t as seriously hurt as you claim to be.
Social Activity
If medical restrictions mean you should be resting and recovering, you should not be seen going out with friends or attending social events. Even if you were putting on a brave face to support someone close to you on a once-in-a-lifetime occasion, your presence may undermine your credibility.
However, this point depends on the nature and severity of your injuries and the amount of recovery time that has elapsed. If your medical team approves outings, social media images are less likely to undermine a claim.
Looking Well and Happy
Your lawyer claims you are living with serious injuries, pain, and emotional distress. Images on social media show you looking well, happy, and untroubled. Although the image may represent a rare moment of happiness or a day when your discomfort was less overwhelming, it can complicate your case.
Misstatements or Admissions
You may wish to reassure worried friends and downplay your injuries, but simply saying things like “I’m fine,” or “Almost back to normal,” may make it seem like you’re exaggerating the injuries you hope to be compensated for.
Discussing the accident itself can have even worse consequences. A misstatement can be construed as an admission of fault or contradict the version of events your lawyer is presenting. Just as you should not agree to giving a recorded statement to an insurance company, you should not volunteer information they may find on social media.
Avoiding Social Media While a Personal Injury Claim is In Progress
Because even the most innocent posts can cast doubt on your credibility, it may be best to avoid social media altogether and ask friends to avoid posting any content about you. Privacy settings may not be enough to protect you, and you may be caught off guard.
At Towey Law PLLC, we’ll brief you on the dos and don’ts to observe while your personal injury claim is in progress. If you would prefer to be active on social media, ask us for specific advice that’s relevant to your case and proceed with caution.