The Impact of Social Media Posts on Your Injury Claim

According to Statista, about 5.24 billion people use social media, making platforms like Instagram, X (formerly Twitter), TikTok, and Facebook a part of daily life. Therefore, it is unsurprising that most people cannot do without posting every aspect of their lives on social media. However, posting about your life when pursuing an injury claim can be counterproductive, with a significant chance of jeopardizing the entire claims process.

This blog looks at the impact of social media on personal injury claims and what you can do to avoid jeopardizing your case. When seeking compensation from the party responsible for your injuries, it is best to have legal representation. Our Terry Bryant Accident & Injury Law team will guide you in filing the claim, represent your interests throughout the process, and advise you on how to prevent social media from harming your case.

Our initial consultations are free, during which we will cover the key aspects of your case, determining its strengths and weaknesses, the available evidence, and gauge how much your case is worth. Contact us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential consultation.

Why Hire Our Personal Injury Lawyers to Represent You in an Injury Claim?

At Terry Bryant Accident & Injury Law, our personal injury lawyers have handled serious injury claims since 1985. As a result, we have the experience and legal strategies needed to maximize compensation for different types of personal injury claims. We know the mistakes victims make when seeking compensation and will guide you so you don’t make errors that can harm your claim.

Our attorneys will aggressively go after the party responsible for your injuries. We will seek economic and non-economic damages, covering your medical expenses, lost wages, pain and suffering, and property damage. We serve cities across Texas and are always available to discuss your case. Contact us today to learn more about our services.

Our firm has successfully recovered more than 1 billion dollars in settlements and verdicts in personal injury cases. We remain committed to getting the best possible outcome for our clients.

How Social Media Affects Personal Injury Claims

Social media can undermine your claim or lawsuit in ways you never imagined, as insurance companies will comb through every aspect to find reasons to undervalue or deny your claim. Below is how social media affects lawsuits:

It Gives Insurers a Reason to Contradict Your Claim

Social media posts give insurance companies grounds to contradict your claim and assert that your injuries are not as severe as you claimed. For example, suppose you were in a car accident and developed back pain, which you referred to as chronic in your demand letter. If you post a video of yourself dancing at the club or engaging in strenuous activities, insurers may argue you are exaggerating or faking your injuries.

If you say your injuries kept you from working and yet post videos of yourself traveling, insurers will question whether you deserve compensation for lost wages. Insurers will monitor your lifestyle and activities to get an advantage over you. Even harmless comments from your followers, like “Glad to see you’re doing better!” can be used as evidence to contradict your claim.

Your Posts Can Be Used as Evidence

Texas courts allow social media posts as evidence in personal injury lawsuits. Even if your account is marked private, your posts can be subpoenaed, so making your account private does not guarantee protection. Deleting your post after filing a claim can be considered spoliation (destruction) of evidence, which can harm your case. Therefore, you must exercise caution when posting on social media or avoid making posts that can be misconstrued.

It Undermines Your Pain and Suffering Claim

You may claim compensation for the physical pain and emotional harm you suffered because of your injury. However, proving pain and suffering is never easy, and the difficulty can be compounded by your social media posts. For example, if your photos and videos show you being cheerful, insurers might assert you are not suffering as much as you say you are..

It Affects Your Credibility and Character

Insurers and defense lawyers can use social media posts to damage your credibility and character. If you make a casual statement where you inadvertently admit fault or make an ambiguous statement, insurers and defense lawyers can twist your words and use them to damage your credibility.

If your social media posts portray reckless behavior, the other side can use it against you. This is why we advise victims to avoid posting on social media until the claim is concluded. Staying off social media will prevent the other party from misinterpreting your post and using it against you.

Our personal injury lawyers will challenge any misleading evidence used against you, and we will ensure the other party’s insurance company and lawyer do not interpret your posts out of context.

Social Media Best Practices to Avoid Jeopardizing Your Claim

The following are what you can do to avoid jeopardizing your claim if you choose to use social media during the personal injury claim process:

• Set Your Account to Private: Although this does not entirely protect your account, it limits the public’s access to your posts.
• Avoid Posting Against Your Case:  Do not make posts about your case. Don’t say anything about the accident, injuries, or recovery.
• Avoid Using Check-Ins and Locations: Don’t use location tagging, especially in gyms, events, or vacations. They can be used as evidence against you.
• Ask Friends and Family to Be Cautious: Tell family members not to post about your accident, injuries, or recovery. They should also not tag you in posts or comment about your injury or lifestyle.
• Do Not Delete Old Posts: Once you’ve commenced legal action, don’t delete posts, regardless of whether you think they can harm your case. Doing so will only give the other party’s insurer or lawyer ammunition to use against you.

Our Experienced Lawyers Can Help You Protect Your Claim

Using social media after filing a personal injury claim can harm your case, leading to a denial or lesser compensation. You can protect your case by following our shared tips and letting a lawyer guide you. At Terry Bryant Accident & Injury Law, we will be with you throughout the claims process, protecting your rights and advising you on social media best practices to follow.

Our services are on a contingency fee basis, meaning you pay only when we win. Don’t let the fear of legal fees keep you from being adequately represented. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free, no-obligation consultation.