How Social Media Can Affect Your Personal Injury Case

In today's digital age, social media platforms like Facebook, Instagram, and Twitter (also called X) are integral parts of our daily lives. They allow us to connect with friends, share experiences, learn world news, advertise our businesses, and so much more. However, using social media is always the best idea in every situation, especially when legal matters like personal injury cases are involved. Saying or posting the wrong thing where almost anyone in the world can view it has been known to cause some problems for litigants.

The Risks of Social Media in Injury Cases

Two of the biggest concerns or risks about social media use during an injury case are:

Misinterpretation of posts: One of the most significant risks of social media use during a pending injury case is the potential for posts to be misinterpreted. Even seemingly innocent posts can be taken out of context and used against you in court. For instance, a photo of you at a family gathering or engaging in light physical activity might be presented as evidence that your injuries are not as severe as claimed. Even if you have extensive medical documents that detail your injury and disability as a personal injury claimant, the defense will latch onto any such social media post and try to use it however possible if it means reducing your chances of a successful outcome.
Privacy concerns: Many social media users believe that their privacy settings offer protection from prying eyes and interested third parties. However, in legal scenarios, privacy settings usually are not as strong as you'd hope. In the past, some courts have found that private posts are still part of the public domain as long as at least one other person or account can access them; even if just the social media company that manages the app in question can see a private post, it might still be seen as “public.” Therefore, you need to be mindful of what you post on social media apps when you have a pending lawsuit, even if you are using a private account.

How Social Media Can Benefit Your Case

For as problematic as using social media while you have a pending personal injury claim might be, it could be beneficial. If you need evidence to prove a point in your case, social media posts from other parties might be incredibly useful. For example, a post on another driver’s TikTok that showed the aftermath of your accident could be just what your attorney needs to detail the extent of your vehicular damage or injuries. Or, a video post might even include an eyewitness’s testimony or a statement from the liable party that includes them admitting fault.

The distinction is primarily that posting to social media while you have a pending case might be risky, but searching social media for related posts might be helpful. In other words, you can use social media, but maybe don’t post to it.

Quick Tips for Using Social Media During an Injury Case

Do not post details about your case or your injuries.
Be mindful of sharing any content that might contradict your injury claims.
Consider temporarily pausing or limiting your social media activity.
Always consult with your attorney before making any statements online that could affect your case.

Any Questions? Talk to a Lawyer

If you aren’t sure what you should be posting or not posting on social media after an accident, the best decision is usually to talk to an attorney about the details of your case first. At Hilliard Law, we offer personal injury claim representation for clients across Texas. Our team is highly knowledgeable about Texas’s liability laws and the workings of today’s popular social media apps. We would be happy to act as your legal guides throughout your case, which includes telling you when to not overshare on Facebook.

For more information about our legal counsel, please call (361) 882-1612. Initial consultations for potential clients are free.