Social Media’s Impact on Personal Injury Cases: What You Post Can Hurt You

An accident or injury can change your life in an instant. While you likely want to resume as close to a normal life as you can, some of the things you do each day, such as posting on social media, could prevent you from receiving what you deserve from your case without even realizing it.

It’s important to note that personal injury law is strict, so depending on what state you are located in, even a single social media post could be enough to jeopardize your entire case. For example, in the state of Virginia, the contributory negligence rule means that a person cannot receive damages for an accident in which they were even 1% at fault. 

Why social media might affect your case

Beyond negligence, arbitrators and jurors in Virginia are looking for damages to health, property, or income in personal injury cases, and this is where social media posts may inadvertently harm your case. If the content or thoughts you share on social media paint a different picture of your injury, whether it’s that you’re not injured at all or that your injury is not as severe as you claim, it could drastically affect the settlement or verdict you receive.

As a principal at Burnett & Williams, a leading personal injury law firm based in Richmond, Virginia, C. James Williams III has plenty of firsthand experience seeing how his clients’ social media posts have affected the outcome of their cases. As part of their hands-on, highly personalized approach to each client’s case, the Burnett & Williams team advises their clients on what to say and what not to say, including online on social media platforms.

Williams cautions those involved in personal injury lawsuits that it is not uncommon for insurance companies to hire social media “investigators” who will comb through victims’ social media pages looking for evidence that can be used in the case. According to Williams, Virginia law allows anything from screenshots to archived posts to be subpoenaed in civil court, so it’s essential for people to be cautious about what they post online.

How social media might affect your case

You might be surprised to learn the types of things that the insurance companies’ lawyers can use against you to discredit your case. Williams points to seemingly innocent posts, such as statements like “I’m feeling good today,” to simple images of you having fun. 

“Remember, insurance companies are looking for any excuse to deny your claim,” Williams says. “These things can be twisted to allow insurance companies to claim that your injuries aren’t serious. We’ve seen cases in Hopewell and Richmond where clients posted photos of vacations, gym visits, or family outings — all of which were used against them,” he adds. “Even if those posts don’t tell the whole story, they can still hurt your credibility.”

That being said, Williams also cautions people from deleting content from their social media, as the court could see this as spoliation of evidence. If the insurance company’s investigators find that you are deleting potential evidence from your social media accounts, you could be in even more trouble than if they had just found the post itself.

How to prevent social media from affecting your case

Ultimately, Williams recommends that the best approach to social media during a personal injury lawsuit is one of abstinence. You don’t want to give the insurance companies the ammunition they need to give you less money (or, even worse, no money at all).

“Is losing your lawsuit a worthy price to pay for sharing your vacation photos?” Williams asks. “Probably not. It’s better to hold off on posting anything at all on social media until a settlement or verdict is reached.”

However, Williams’s suggestion doesn’t stop there. He also suggests that people involved in personal injury lawsuits avoid being seen on social media altogether. 

“It’s not just your posts — it’s your comments, tags, and what friends say about you,” he explains. “We recommend that clients set their accounts to private, avoid posting about their accident, and ask friends not to tag or mention them in public posts until their case is resolved.”

Although the hyper-connected world we live in encourages us to share every moment of our lives online, for those involved in a personal injury lawsuit, it’s probably a good idea to step outside of the social media spotlight until the case is resolved. If you don’t post anything on social media, you don’t have to be worried about your words or images being used against you in your case.

“In personal injury law, perception is everything,” Williams concludes. “A smiling photo or ‘check-in’ at a restaurant can be misinterpreted as proof you’re not really in pain. In Virginia, jurors and judges take social media seriously. It’s best to pause posting altogether while your case is pending.”