Social Media and Personal Injury Claims: What to Avoid

Filing a personal injury claim can be a long and complex process and social media can make a significant impact. While platforms like Facebook, Instagram, TikTok, and Twitter help us stay connected, they can also be used against you in your personal injury case. Insurance companies and defense lawyers actively monitor claimants’ social media activity, searching for evidence that could undermine their claims. Understanding how your behaviour on social media can impact your case and taking steps to protect yourself is crucial.

How Can Social Media Affect Your Claim? How Insurers & Courts Monitor Social Media for Evidence

When you file a personal injury claim, you’re essentially arguing that an accident or incident caused significant harm, impacting your physical, emotional, or financial well-being. Insurance companies and opposing legal teams will look for any reason to dispute your claim and your activity on social media could provide them with the ammunition against you.

Many claimants are unaware that their posts, photos, videos, and even comments can be used as evidence. For example:

A photo of you attending a social event could be interpreted as evidence that your injuries are not as severe as claimed.
Posts about vacations or physical activities could contradict statements about mobility limitations or emotional distress.
Even seemingly innocent comments from friends and family about “how well you’re doing!” or “how great you look!” could be taken out of context to dispute your claim.

Insurers often employ investigators who monitor social media activity and may even request access to private posts through legal discovery. Courts have ruled that publicly available social media content can be admissible as evidence, making it important to be mindful of your digital footprint while your case is ongoing.

Privacy Settings and Best Practices to Protect Your Claim

While setting your social media accounts to private is a good first step, it is not foolproof. Insurers may still access information through legal means, mutual friends, or data that was previously public. However, implementing the privacy best practices listed below can further reduce your risk:

Adjust Privacy Settings: Make your accounts private so only trusted individuals can see your posts. Be aware that older posts might still be accessible.
Limit Friend Requests: Avoid accepting friend requests from people you don’t personally know, as they could be investigators or insurance representatives.
Avoid Tagging and Location Check-Ins: Insurers can track your movements and use check-ins or tags as evidence of activities that contradict your claims.
Ask Friends & Family to Refrain from Posting About You: Even if you’re careful, a friend posting a picture of you at an event could harm your case.
Refrain from Discussing Your Case Online: Do not share any details about your claim, your injuries, or any legal proceedings on social media.

While these steps help protect your privacy, the best approach is to assume that anything you post could be scrutinized and used against you.

What Not to Post While Your Case is Ongoing

To avoid jeopardizing your personal injury claim, it’s crucial to be mindful of what you post. The opposing side will not give you the benefit of the doubt and will view any post with skepticism. Some specific things to avoid include:

Photos or Videos of Physical Activity: Even if you’re only stretching or going for a short walk, insurers may use these images or videos to argue that your injuries are not as serious as claimed.
Statements About Your Recovery: Comments like “Feeling much better today!” or “Back on my feet” can be taken out of context to suggest that you have recovered fully.
Posts About Work or Hobbies: If you claim that you cannot work but post about professional or side activities, insurers may dispute your lost wages claim.
Jokes or Sarcasm About Your Case: Even if you’re joking, statements like “I should fake an injury more often!” can be used against you.
Details About Settlements or Legal Proceedings: Any discussions about your case, negotiations, or legal strategy should remain private between you and your lawyer.

The best rule of thumb is to refrain from posting anything that could be misinterpreted. The defence will assume the worst so be cautious. If in doubt, avoid social media use until your case is resolved.

Working With a Lawyer to Mitigate Online Risks

An experienced personal injury lawyer will not only guide you through the legal process of handling your claim, but also help you manage online risks that could impact your claim. They can advise you on:

What specific precautions to take based on the details of your case
How to handle social media accounts without raising red flags
Responding to insurer attempts to access private information
Dealing with legal discovery requests related to social media

If you’re involved in a personal injury claim, being proactive and cautious about your online presence is just as important as gathering medical records and expert testimony. The best way to protect your claim is to limit social media use, adjust your privacy settings, and work closely with a knowledgeable lawyer who understands how insurers exploit digital evidence.

Protect Your Case—Contact One of Our Calgary Personal Injury Lawyers

Insurance companies will look for reasons to minimize or deny your claim and social media has become a common weapon in their arsenal. By taking proper precautions and working with an experienced legal team, you can ensure that your case remains strong and that you receive the compensation you deserve. To learn more about how social media might impact your personal injury case, contact our Calgary personal injury lawyers today for a free consultation. Call our 24-hour toll-free line at 1-888-494-7191 to book your appointment today.