Social Media Activity and Its Impact on Personal Injury Claims

At Miller and Jacobs, we have observed firsthand how social media activity can have a profound impact on the outcomes of personal injury claims. In the realm of today’s digital communication, anything shared, whether it be posts, photographs, or comments, can come under scrutiny and potentially be admitted as evidence in court.
It’s important to understand that even posts shared in private settings can be subpoenaed, meaning they can be called upon in legal proceedings. For instance, consider a scenario where an individual claims to have suffered severe injuries that restrict their ability to walk or perform daily tasks. If that same person then posts photos on their social media accounts participating in physical activities, such as hiking, jogging, or even simply attending a social event, these images may serve as contradictory evidence. Such glaring discrepancies can significantly undermine the credibility of their injury claim, leading to reduced compensation or even dismissal altogether.
Moreover, any discussions about the case, whether venting frustrations or sharing updates, can inadvertently expose information that adversarial legal parties may exploit. Even seemingly innocent comments made by friends or family members can be taken out of context and leveraged to challenge the claimant’s narrative regarding the seriousness of their injuries.
It’s equally critical to note that deleting social media evidence after initiating a claim can lead to serious repercussions. Courts may interpret the removal of posts as an attempt to destroy evidence, which could result in sanctions or a negative inference made against the claimant. This means that rather than helping to strengthen a case, removing content could inadvertently weaken it.
Given these insights, we strongly advise our clients to approach their online presence with heightened caution while their personal injury claims are underway. It is prudent to limit social media activity and avoid discussing any aspects of the case publicly. By taking these precautions, individuals can help safeguard the integrity of their claims and protect their chances of receiving fair compensation.