Can Social Media Impact the Outcome of a Personal Injury Lawsuit?

Posted on behalf of Peter T. Nicholl in Personal Injury Published on January 6, 2020 and updated on March 7, 2022.

man with foot in cast on cell phoneWhile you may want to share about an injury you have suffered in an accident on social media, it is important to refrain from doing so and remain cautious if you recently initiated a legal claim. Insurance adjusters and defense attorneys may try to get useful information off of social media accounts to use as evidence against victims. Being aware of what you should do and what the other party involved may be doing is critical to protecting your claim for compensation.

During a free consultation, an experienced Maryland personal injury lawyer from our firm is prepared to provide guidelines and additional information on social media use when going through the legal process.

Social Media and Privacy Rights

Courts have repeatedly found that anything you post to social media is considered public domain over which you have no reasonable expectation of privacy. Even if you carefully select only certain people to share this information with, once you have made the information public to others, you have forfeited your right to privacy.

Therefore, you must be prudent and proceed as though anything posted online is discoverable. Every tweet you send, every picture you share and every status update may potentially be used against you.

How Social Media Can Hurt a Case

Relevant social media posts are routinely entered into evidence in personal injury cases. Insurance adjusters and defense attorneys often carefully scrutinize social media accounts to find information to justify denying a claim or reducing its value. This could include the following:

  • Evidence that you were partially responsible for the accident
  • Evidence suggesting you were not injured or that you are exaggerating your injuries
  • Contradictions between what you have said to the insurer and what you have told others

Social Media Practices to Protect Your Claim

The best way to protect your claim is not to post anything to social media while it is pending. However, if that seems out of reach, there are several practices you could implement:

  • Adjust your privacy settings, making your profile only viewable by friends, family and people you trust
  • Consider if what you post can be misinterpreted or may negatively impact your claim before you post it
  • Ask others not to comment on your injuries or accident on social media
  • Limit the amount of posts you make each day and the time you spend on social media
  • Avoid contacting other parties via social media platforms
  • Be cautious about accepting new friend requests

What to Avoid Posting

There are certain things that you should not post about your case, such as:

  • Conversations you have had with your personal injury lawyer
  • Details about your medical diagnosis or treatment
  • Details about doctor’s visits or conversations with the insurance company or other parties involved in the case
  • Photos of your injury or damage to your vehicle
  • Updates about your medical condition or the status of your claim

Reach Out to Our Firm

If you were injured in an accident and would like more information about how social media can affect your claim, Peter T. Nicholl Law Offices can help. Our lawyers have years of experience protecting the interests of injury victims and have successfully recovered millions in compensation for our clients.

We offer a free initial consultation and charge no upfront fees. You only pay us at the end of the legal process if we help you obtain a recovery.

Contact out offices today at 410-244-7005.