Why That “Innocent” Posts Might Do More Harm Than You Realize
Social media is a natural part of daily life for many people — a place to stay connected, share life updates, or even vent about frustrations. But if you’ve been injured and are pursuing a personal injury claim, what you post online could come back to hurt your case.
At Shankle Law Firm, we’ve seen firsthand how social media activity can be used against injured clients — even when they thought what they shared was harmless. Below, we’ll explain what you need to know, what to avoid, and how to protect your case.
Your Posts Can Be Used as Evidence
One of the most important things to understand is that anything you post publicly may be admissible in court. Defense attorneys and insurance companies often monitor claimants’ social media profiles — even private accounts — to find posts they can use to downplay the severity of your injury or question your credibility.
Example:
You claim a back injury prevents you from working, but your Instagram shows you lifting your child or attending a concert.
You report emotional distress, but your Facebook shows you smiling and socializing days after the accident.
Even if your post is taken out of context, it can raise doubts or create complications that impact your settlement or trial outcome.
Common Mistakes to Avoid
Many clients unintentionally hurt their case simply by using social media the way they always have. Here are some of the most common missteps:
- Posting About the Accident
Discussing the accident publicly — whether to vent, share frustration, or thank people for support — can open the door to scrutiny or misinterpretation. Statements about how it happened, who was at fault, or how you’re feeling could contradict your legal claims or be taken out of context. - Uploading Photos or Videos
Images of vacations, workouts, or even casual outings might conflict with your reported injuries, even if you’re pushing through pain. The defense may argue that your injuries aren’t as serious as you claim. - Checking In or Tagging Locations
Tagging yourself at events, restaurants, or activities could be used to argue you’re more active than reported. It might also create timelines that conflict with medical reports or testimony. - Accepting New Friend Requests
Defense investigators may try to access your private posts by sending friend requests. Accepting someone you don’t know could give them access to everything you’ve shared.
What You Should Do Instead
Here are practical ways to protect your claim:
- Limit Your Social Media Activity: The safest approach is to avoid posting anything at all while your claim is ongoing. Ask close family and friends not to tag you or mention you either.
- Adjust Your Privacy Settings: While privacy settings aren’t foolproof, setting your accounts to “private” can help reduce visibility. Still, remember that courts may subpoena your posts if they’re relevant. Also, what you think is “private” is not always private, so best to avoid posting altogether.
- Don’t Delete Existing Posts: Deleting posts may seem like a good idea, but it can be seen as destroying evidence — and that could seriously hurt your credibility or violate legal rules.
- Consult Your Attorney: If you’re ever unsure about what’s safe to share, talk to your legal team first. At Shankle Law Firm, we guide our clients through these details so they don’t jeopardize their cases without realizing it.
Why Insurance Companies Look at Social Media
Insurance companies aren’t necessarily looking for proof of fraud — they’re looking for ways to reduce or deny your claim. Their goal is to save money, and even the smallest inconsistency between your claim and your online presence can give them leverage.
In North Carolina, personal injury claims can already be difficult due to contributory negligence rules — where even 1% fault on your part can bar recovery. Don’t give the insurance company unnecessary ammunition to cast doubt on your credibility.
Your Story Deserves to Be Heard Accurately — Don’t Let Social Media Distract From It
You’ve been injured. You’re doing your best to heal. You shouldn’t have to worry that a comment, check-in, or photo will derail your chance at justice. With the right legal guidance and a few smart precautions, you can protect your case and your future.
Talk to the Shankle Law Team About Protecting Your Rights
If you’ve suffered an injury and are navigating a personal injury claim, let our team at Shankle Law Firm support you every step of the way — including helping you understand how to avoid online missteps that could harm your case. Call us at (704) 370-1212 for a free consultation.
*Please Note - The content on this website is for informational purposes only and does not constitute legal advice. Viewing this site, using information from it, or communicating with Shankle Law Firm, PA through this site does not create an attorney-client relationship. For legal advice tailored to your situation, please contact us directly at (704) 370-1212.