Can Social Media Affect Your Personal Injury Claim?

Posted on behalf of Pfeifer Morgan & Stesiak

on November 29, 2017

. Updated on March 23, 2022


man using laptopSocial media can be a great outlet for people to share the latest events and aspects of their lives. It is also a good way to keep up with friends and loved ones. However, social media can have a potentially negative impact your personal injury claim if you share too much.

If you have social media accounts, such as Facebook, Instagram or Twitter, you need to be cautious about what you post and how you convey information if you have been injured in an accident. An experienced South Bend personal injury attorney at Pfeifer, Morgan & Stesiak can help you decide what should be shared and what information should remain private so that your social media posts do not hurt your case.

Contact us now for a free consultation.

Insurance Companies and Social Media

Many personal injury cases involve a claim with an insurance company. Because insurance companies want to pay as little as possible for your claim, they will try to find evidence that your injuries are not as severe as they seem, and their investigation may include scouring social media sites for information.

If you post information or photos that contradict your injury claim in any way, an insurance company may try to use that information against you. For example, if you have a back injury as a result of an accident, and part of your claim is that you cannot pick up heavy objects, posting a photo of yourself holding a child would likely be used by an insurance company as evidence that you are lying about or embellishing your injury.

How Do Companies Access This Information?

All information you post on social media can be considered public, as there is no reasonable assumption of privacy on social media platforms. This means your posts can potentially be used as evidence against you in a personal injury case.

Even if you have increased your privacy settings, there are still ways for others to see what you are posting or sharing. Friends and family members may unknowingly give others access to your information through comments or tags, for example.

If an insurance company can see your post or a post you are tagged in, it does not need to ask anyone’s permission to view it and use it against you. Even if your social media accounts are private, insurance companies can still request access through the discovery process or a court order. If an insurance company wants the information, it will find a way to obtain it.

Think Before You Post to Social Media

It may be in your best interest to simply shut down your social media accounts while your personal injury case is pending; however, this suggestion may seem almost impossible. If you cannot shut down or temporarily deactivate your accounts, you should consider avoiding posting certain information, including:

  • Conversations you had with your attorney
  • Information regarding your injuries or treatment
  • Problems you are having obtaining treatment or dealing with your claim
  • Conversations you had with others about your case
  • Specific information regarding fault or the facts of the accident

Because social media can be a double-edged sword, you should consider how a post could potentially affect your claim before posting it to social media. You should also have a conversation with your attorney regarding what is and is not appropriate based on your particular case.

Our Team Is Here for You

The successful personal injury attorneys at Pfeifer, Morgan & Stesiak know that going through an accident can be extremely difficult for you and your family. Unfortunately, sharing certain information on social media can undermine your case. Finding the right balance is essential if you are going to keep your account.

We are here to help you, and we offer a free consultation to discuss your case. We will also represent your case on a contingency fee basis and will not receive compensation of any kind unless we win compensation for you.

For a free consultation with our winning team, call (574) 444-0741 today.

Pfeifer, Morgan & Stesiak

Serious Attorneys for Serious Cases