Get Off the ‘Gram: How Social Media Can Hurt Your Case

Your golf swing is top tier and you can do Boots on the Ground with the best of them (where them fans at, anyone?). 

But when you have a personal injury case pending, it’s best to keep those special skills under wraps until your case resolves.

Why?

At The Edwards Firm, there are a few critical things we advise all our clients to do (and not do) to protect the value of their personal injury case. And while we’ll share those other guidelines in future newsletters, let’s focus here on why social media is to personal injury cases what kryptonite is to Superman.

Here are several ways social media can hurt your case:

• Contradictory Activities: If you post photos or videos of yourself engaging in activities that suggest you really aren’t pain or you don’t really have a physical limitation, this can be used to argue that your injuries are not as severe as you claim. 

• Inconsistent Statements: Online statements about the accident or your injuries that contradict what you've told your attorney or doctor can be used against you. 

• Tagging and Check-ins: Being tagged in posts or checking in at locations can suggest you’re more active than (and therefore aren’t as seriously injured as) your claim implies. 

• Negative Impact on Perception: Posts that show you engaging in reckless behavior or using illegal substances can be perceived negatively by a jury, damage your credibility and potentially influence them against you. 

• Admissions of Fault: Online statements, even if taken out of context, could be interpreted as admissions of fault and can be used against you. 

• Private Investigator Scrutiny: The insurance company may hire investigators to look at your social media profiles to find evidence that could discredit your claim. 

• Privacy Settings Are Not Protective: Court orders can compel access to your social media accounts during discovery, even if your profile is private. So don’t rely on these settings to shield your posts from scrutiny. Also, deleting posts during the litigation can hurt your case as well.

Credibility is key in any personal injury claim – insurance companies and courts need to find you believable. Certain posts, even those unrelated to your injury, can irreparably damage your credibility in the eyes of the others. 

If the insurance company doesn’t find you believable, settlement for the amount you deserve will be very difficult, possibly forcing your case to trial. And during the trial, your social media posts are fair game for the judge and jury.

That’s why here at The Edwards Firm, we advise our clients to keep a low profile while their case is pending. 

So, while you should definitely live your life, don’t get caught up in the moment and end up on social media doing something (like the latest TikTok dance) that you told the doctor you couldn’t do! 

A serious injury can tear your life apart. At The Edwards Firm, we’re here to help you put it back together. 

If you or someone you know has been injured, get a FREE CASE EVALUATION with our firm or CALL (844) 8-FGHT-E. A member of our team is standing by to hear your story. 

And remember: we’re a contingency fee firm, which means we don’t get paid unless you get paid.

Fighting and winning,

Lennon C. Edwards, Esq.

Founding Partner

Monique C. Edwards, Esq.

Managing Partner