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Injured? Be Careful What You Post on Social Media — It Could Be Used Against You

  • Writer: Guenin Law
    Guenin Law
  • Jul 23
  • 2 min read
Social Media

If you’ve been injured in a crash or another accident, you’re probably focused on getting better, dealing with insurance, and trying to move forward.But there’s something else you need to think about: what you post on social media could be used against you.


In today’s world, insurance companies and defense lawyers routinely check Facebook, Instagram, TikTok, and other platforms for information they can use to fight your injury claim.Even innocent posts can be twisted and used to downplay your injuries or question your credibility.


Here’s what you need to know:


1. Social Media Posts Are Often Discoverable

In a lawsuit, each side has the right to request evidence through a process called discovery. Courts have increasingly ruled that social media posts are fair game — if they are relevant to the case.

That means:


  • Photos, videos, comments, tags, and location check-ins could be requested and reviewed.

  • Even private posts or posts shared only with “friends” might have to be turned over if they relate to your injuries, physical activities, or emotional state.

  • Deleting posts after a crash can also create problems and might even be considered destruction of evidence.


If you're injured and pursuing a claim, assume anything you post could eventually be seen by the other side.


2. Defense Lawyers Will Look for Anything They Can Use

Insurance companies and their lawyers are not just looking for photos of you running a marathon after your injury.They may also try to use everyday posts to argue that:


  • You’re not as injured as you claim.

  • Your pain or limitations aren’t as serious as you reported.

  • You’re emotionally fine, even if you’re claiming distress.


Even a photo of you smiling at a birthday party or attending a family gathering could be taken out of context to suggest you’re doing “just fine.”


3. What You Should Do

If you’ve been injured and are thinking about filing a claim — or if you’ve already filed one — be extremely cautious about social media. Here are a few tips:


  • Limit your posting: It’s safest to avoid posting at all while your claim is ongoing.

  • Tighten your privacy settings: Make your profiles as private as possible, but remember that privacy settings are not foolproof.

  • Avoid discussing your accident or injuries online: Never post updates about your case, your recovery, or conversations with your lawyer.

  • Tell your friends and family to be careful: Posts where you’re tagged can also be discoverable.

  • Talk to your attorney: Always ask your lawyer if you’re unsure about whether a post could cause problems.


The Bottom Line

Social media can be a powerful tool — but during a personal injury case, it can also be a trap.Even the most harmless post can be twisted and used to attack your credibility.

If you’ve been injured, contact Guenin Law Office. We’re here to help.


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