Posting on social media can have unforeseen and damaging repercussions for your personal injury case. In today’s world, even a casual update can be scrutinized by insurance companies, defense lawyers and investigators looking to challenge the legitimacy of your claims. What might seem like a harmless photo, check-in or status update can provide ammunition for opposing parties seeking to minimize or deny your compensation. There are several ways online activity can inadvertently jeopardize your case.

First, insurance companies and defense attorneys monitor claimants’ public profiles for any sign that might counter their reported injuries. This surveillance can include digging through posts, photos, videos, check-ins and even activity levels. If you’re seeking compensation for a serious back injury and your public feed shows you playing sports, attending social events or participating in physically demanding activities, the defense team may argue that your injuries are exaggerated or unfounded. Even frequent posting or appearing cheerful online can be used to suggest that you aren’t experiencing significant pain or distress. Importantly, high privacy settings do not make you immune: posts can be shared, tagged, or otherwise exposed to those investigating your claim.

Your own posts may create inconsistencies about your injured status. Seemingly trivial pictures, such as laughing at a party or spending time outdoors, can be misinterpreted. Defense teams may use these moments to cast doubt on the extent of your injuries and their effects. A single photo doesn’t convey what happens behind the scenes or capture the struggles that happen off-camera, but it can still be taken out of context and presented as contradicting your testimony.

Further complications can come from statements that unintentionally admit fault. Social media is a space where people often discuss their day or recount events, but even offhand comments like, “I didn’t see the stop sign” or “I was running late” can be interpreted as admissions of negligence. Once such information is published online, it is difficult, if not impossible, to fully retract it. This gives defense counsel an opportunity to challenge your credibility or assign you greater responsibility for the incident.

Perhaps the most significant impact of social media posts concerns damages for pain and suffering. Unlike lost wages or medical bills, pain and suffering cannot be measured objectively. Jurors rely in large part on your perceived credibility and the impact of injuries on your well-being. Social media posts that suggest you’re living life as before can undermine claims of severe emotional or physical distress.

Note that social media posts can be used by the defense as evidence in court under certain circumstances. Anything you share online can be used to discredit your claim. Consult your personal injury attorney before posting anything online. Your lawyer can offer advice on how to avoid mistakes that could weaken your case for obtaining fair compensation. 

The attorneys of Gesmonde, Pietrosimone & Sgrignari, L.L.C. in Hamden or East Haven represent Connecticut residents injured in accidents, working to get them the financial reimbursement they deserve. Call 203-745-0942 or contact us online to arrange a free confidential consultation.