How Social Media Can Affect Your Personal Injury Lawsuit

Most of us are constantly connected through social media. Whether it’s Facebook, Instagram, TikTok, X (formerly Twitter), or LinkedIn, we share every aspect of our lives online, our thoughts, photos, locations, and updates. 

But if you’re involved in a personal injury lawsuit, what you post on social media can do far more than rack up likes—it could potentially damage your case.

At Morgan & Morgan, we’ve seen firsthand how a single post, photo, or video can be twisted by opposing counsel to minimize the seriousness of our clients’ injuries or undermine their claims entirely. Social media can feel casual and private, but in court, it's anything but.

Here’s how social media can affect your personal injury case, what you should avoid posting, how insurance companies use your online presence, and how to protect your rights during your legal battle.

Social Media and Legal Surveillance

With billions of users on platforms like Instagram and TikTok, social media has become one of the easiest and most powerful tools for opposing legal teams and insurance adjusters. In a personal injury case, their goal is clear: to prove that your injuries are not as severe as you claim, or that you are somehow at fault.

If you claim you’re suffering from debilitating back pain but post a video dancing at a party, even if it's an older video or a misrepresentation of your condition, that post could become “Exhibit A” against you.

Courts often view anything posted on public social media platforms as fair game, and private settings may not be enough to keep your content from being used in court.

Common Mistakes That Can Jeopardize Your Claim

Here are a few types of social media posts that could be used to hurt your case:

Photos and Videos Showing Physical Activity

Let’s say you suffered a spinal injury in a car accident. If you post photos of yourself hiking, lifting your child, or engaging in sports, even if you’re trying to “tough it out,” the opposing counsel might argue that you're exaggerating or faking your injuries.

Check-ins and Location Tags

Checking in at a restaurant, gym, or vacation spot can raise questions about your mobility, travel ability, or overall condition. It may not reflect how you feel daily, but one location tag can become “evidence” that you’re not as hurt as you claim.

Posts About the Accident

Posting details, opinions, or emotions about the accident can backfire. Even a seemingly innocent “Thankful to be alive” caption could be interpreted as a sign that you didn’t suffer serious harm. Any mention of fault or speculation can also be misconstrued.

Updates on Legal Proceedings

Talking about your case online, even vaguely, is a huge risk. Statements like “I can’t wait to cash in on this” or “my lawyer says we’ve got this in the bag” can undermine your credibility and make it seem like you’re motivated by money rather than justice.

Friends and Family Posts

Even if you're cautious, your loved ones may tag you in photos, post about you, or share updates that contradict your claims. These can also be found and used in court.

How Insurance Companies Use Social Media

Insurance companies are in the business of minimizing payouts. To do that, they often employ investigators who comb through claimants’ social media pages for anything that contradicts their injury reports.

They look for:

• Photos or videos of physical activity
• Smiling or happy behavior that “suggests” the injury isn't affecting your life
• Inconsistencies between your legal claim and your lifestyle
• Information that shows you violated medical advice (e.g., no lifting or travel)

Even if you post something humorous or sarcastic, it can be taken literally in court. That’s why it’s important to treat every post like it could be reviewed by a judge or jury.

Can Social Media Posts Be Used as Evidence?

Yes. Courts across the U.S. have ruled that social media content is admissible evidence, especially if it is public. Even if your account is private, opposing attorneys may request access through legal discovery.

Here are some ways social media content can legally be used:

• To refute your testimony: If you claim you can’t walk without pain, but post yourself at a concert, that post may contradict your sworn statements.
• To challenge emotional damages: Saying you’re depressed or anxious but sharing frequent upbeat posts can weaken claims for emotional distress.
• To determine fault: If you posted about driving distractedly before a crash, your own words may prove negligence.
• To evaluate lifestyle impact: You may claim that your injuries have affected your ability to work or enjoy life, but social posts may be used to argue otherwise.
  
   

What You SHOULD Do During a Personal Injury Case

Protecting yourself during a lawsuit doesn’t mean going completely offline, but it does mean being extremely cautious and strategic. Here’s how you can protect your rights:

Set Accounts to Private

Make all your accounts private and limit who can tag you. But remember: privacy settings are not foolproof. Courts can still request access during discovery.

Avoid Posting Anything

The safest approach is to avoid posting at all until your case is resolved. This includes photos, status updates, stories, check-ins, and videos.

Tell Friends and Family to Avoid Posting About You

Ask your circle not to tag you, post photos of you, or comment on your case. One friend’s well-meaning post could cause major harm.

Avoid Deleting Old Posts

Once your case has begun, do not delete anything, even if you think it’s harmful. This can be seen as destroying evidence and may result in legal penalties.

Work With Your Attorney

Before you post anything, ask your lawyer. At Morgan & Morgan, we help guide clients through the process and provide advice on how to protect themselves online.

What if You’ve Already Posted Something?

If you’ve already shared something you’re worried about, don’t panic, and don’t try to cover it up. Talk to your attorney right away. Being transparent with your legal team is crucial; they can work with you to mitigate any potential fallout and plan accordingly.

Social Media Can Be Used Against You—But Rarely For You

Many clients ask if they can use social media to prove emotional suffering or to share the story of their injury. While it may be tempting to gain sympathy or support from followers, remember that the legal system rarely uses social media to your advantage.

Judges and juries want clear, documented evidence like medical records, expert testimony, and witness statements. Emotional posts may help you feel supported, but they rarely help your legal case, and often do more harm than good.

Need More Help? Ask Morgan & Morgan

In a personal injury lawsuit, you need every advantage you can get. Don’t let a split-second post undo months of work or give the other side an easy win.

At Morgan & Morgan, we’ve recovered billions for our clients because we pay attention to every detail, including how social media can impact your claim. If you’ve been injured due to someone else’s negligence, and you’re wondering how to protect your rights in the digital age, we’re here to help.

Contact us anytime for a free case evaluation.