In today’s digital world, social media is part of everyday life. But when you’re pursuing a personal injury claim, every post, photo, and comment can become evidence used against you. Insurance companies and defense attorneys actively monitor social media accounts to find information that contradicts your injury claim or damages your credibility.
What seems like an innocent update to friends and family can derail months of legal work and cost you thousands in compensation. Understanding how social media impacts your case is the first step to protecting your rights and maximizing your recovery.
Why Choose DJA Injury Attorneys for Your Personal Injury Claim
When you’re dealing with a personal injury case, having an attorney who understands how the other side thinks makes all the difference. Jeff Schwalbach, founder of DJA Injury Attorneys, spent years working in insurance defense before switching sides to fight for injured people. This background helps him understand what insurance companies and defense attorneys look for on social media.
DJA Injury Attorneys has recovered millions for clients across Orange County and Southern California. In one case, we secured a $1.36 million settlement for a client who slipped on scrambled eggs at an international hotel chain, even though the defendant initially denied liability. In another case, we obtained $1 million for a minor impact rear-end accident when insurers initially offered just $55,000. Our approach is straightforward: we protect your rights from day one, guide you through every decision, and hold insurance companies accountable.
Jeff Schwalbach is recognized as a Super Lawyers Rising Star (2019-2024), placing him in the top 2.5% of attorneys in California. We also maintain an excellent rating on Avvo, reflecting our commitment to client satisfaction. We offer free consultations, work on a contingency fee basis, and are available 24/7 to answer your questions. When you work with DJA Injury Attorneys, you get personal attention from the principal attorney—not a junior associate or paralegal.
How Insurance Companies Monitor Your Social Media
Insurance adjusters and defense attorneys don’t just wait for you to contact them. They actively investigate your social media accounts to build their case against you. Even if your accounts are set to private, they can often gain access through various methods—sometimes by creating fake profiles, sometimes by requesting information through legal discovery, and sometimes by simply asking your friends or family members for access.
What are they looking for? Anything that contradicts your injury claim. A photo of you at a restaurant might suggest you’re not in as much pain as you claim. A check-in at a gym could be used to argue you’re capable of physical activity. Posts about your daily activities, vacation photos, or even comments on other people’s posts can all be twisted to minimize the severity of your injuries.
The reality is that privacy settings provide a false sense of security. Screenshots can be taken and shared. Deleted posts can sometimes be recovered. Anything you post publicly is fair game for the defense team. Insurance companies have entire departments dedicated to social media investigation, and they have the resources to dig deep into your online presence. This is why understanding how to prove negligence in a personal injury case is critical—your social media activity can either support or undermine your evidence.
Common Social Media Mistakes That Harm Your Case
Some of the mistakes you could make to harm your case when posting on any social media platform include:
Posts Showing Physical Activity
One of the biggest mistakes injured people make is posting photos or videos that show them doing physical activities. A picture of you walking, playing with your kids, or even standing for an extended period can be used to argue that your injuries aren’t as serious as you claim. Defense attorneys will argue that if you can do these activities, you couldn’t have been injured as badly as you say. This is particularly problematic in traumatic brain injury or spinal cord injury cases where activity levels are closely scrutinized.
Check-Ins and Location Tags
When you check in at restaurants, stores, or other locations, you’re creating a timeline of your activities. Defense attorneys use this information to track your movements and argue that you’re more active than your injury claim suggests. Location tags can also reveal information about your daily routine and capabilities. This is particularly damaging in cases involving slip and fall accidents or other premises liability claims where your mobility is in question.
Emotional Posts About the Accident
While it’s natural to want support from friends and family after an accident, posting emotional updates about what happened can backfire. These posts can be misinterpreted, taken out of context, or used to suggest you’re exaggerating your injuries. Even well-intentioned posts can become evidence in your case. If you’ve been injured in a car accident, truck accident, motorcycle accident, pedestrian accident, or other incident, avoid posting about it on social media.
How Social Media Posts Become Evidence Against You
Social media posts are admissible as evidence in court under the Federal Rules of Evidence. Defense attorneys can use your posts to contradict statements you make in depositions or at trial. If you say you can’t work but post photos of yourself at social events, that contradiction damages your credibility with a judge or jury.
Posts can also be used to minimize damages. Insurance companies argue that if you’re active on social media, posting regularly, and engaging with friends, you’re not suffering as much emotional distress as you claim. They use your online presence to paint a picture of someone who is doing fine, despite your injury claim. This is especially problematic in wrongful death or emotional injury cases.
Misinterpretation is another risk. A joke or sarcastic comment can be taken literally. A post about trying a new treatment can be twisted into an admission that your injuries aren’t serious. Even the tone of your posts—whether you seem happy, sad, or angry—can be used against you. Understanding common defenses in personal injury cases helps you recognize how the other side will use your social media against you.
What You Should Do with Your Social Media During Your Claim
The safest approach during a personal injury claim is to go silent on social media. Deactivate your accounts or simply stop posting entirely. This eliminates the risk of anything being used against you. If you must keep your accounts active for work or business reasons, coordinate with your attorney before posting anything.
Update your privacy settings to the highest level, though understand that this doesn’t guarantee protection. More importantly, talk to your friends and family about the situation. Ask them not to post about you, tag you in photos, or mention your accident or injuries on their own accounts. Their posts can be just as damaging as your own.
If you’ve already posted something that could hurt your case, don’t panic—but don’t delete it either. Deleting posts can create legal problems by suggesting you’re destroying evidence. Instead, contact your attorney immediately. They can advise you on the best course of action and may be able to mitigate any damage. Learn more about what to do after an injury to protect your claim from the start.
Frequently Asked Questions About Social Media and Personal Injury Claims
Can the other side see my private social media posts?
Privacy settings help, but they’re not foolproof. Defense attorneys can request your social media records through the legal discovery process. They can also sometimes gain access through other means. The safest assumption is that anything you post could eventually be seen by the other side. Under California Code of Civil Procedure § 2017.010, discovery can include social media records.
What if I already posted something that could hurt my case?
Don’t delete it. Deleting posts can be considered destruction of evidence and create additional legal problems. Instead, contact your attorney right away. They can assess the damage and develop a strategy to address it. This is especially important in denied or disputed insurance claims where evidence preservation is critical.
Should I delete old posts from my social media accounts?
No. Deleting posts after an accident or injury can look like you’re hiding evidence. This is called spoliation and can actually hurt your case more than the original posts. Leave your old posts alone and focus on not posting anything new. Courts take spoliation seriously, and it can result in sanctions or adverse inferences against you.
Can my friends’ posts about me damage my claim?
Absolutely. Posts from friends and family members can be just as damaging as your own posts. That’s why it’s important to talk to people close to you about your situation and ask them not to post about your accident or injuries. This is particularly important in dog bite or product liability cases where third-party accounts can influence perception.
How long should I stay off social media during my case?
You should avoid posting anything related to your accident, injuries, or case for the entire duration of your claim—from the moment of the accident through settlement or trial. This could be months or even years. When in doubt, ask your attorney. For more information on timelines, see our guide on understanding the statute of limitations for a personal injury case in California. California’s two-year statute of limitations applies to most personal injury claims.
What if I need to post for work or business reasons?
If you must post for professional reasons, keep it strictly business-related and completely separate from anything related to your accident or injuries. Avoid posting anything about your daily activities, health, or emotional state. Clear any posts with your attorney before publishing them. Consider consulting our guide on how to file a personal injury claim for additional best practices.
Let DJA Injury Attorneys Protect Your Personal Injury Claim
Social media can derail your personal injury case if you’re not careful. But you don’t have to handle this alone; our firm can help. DJA Injury Attorneys helps clients understand the risks and make smart decisions about their online presence from day one. Our case results demonstrate our commitment to maximizing compensation for injured clients.
If you’ve been injured and are considering a personal injury claim, contact DJA Injury Attorneys today for a free consultation. Call (949) 229-7228 or reach out online. We’re available 24/7 to answer your questions and discuss your case. With Jeff Schwalbach’s background in insurance defense tactics and our proven track record of results, we’ll fight to protect your rights and maximize your compensation.
Don’t let social media damage your case. Get experienced legal guidance now.