Never Do This: Social Media Mistakes That Can Hurt Your Case

In the era of constant connectivity, social media platforms like Facebook, Instagram, X (formerly Twitter), and TikTok are where we share our lives, thoughts, and experiences. While these platforms offer a sense of community and instant communication, they can also become a minefield if you’re involved in a legal case—particularly a personal injury claim.

At Shey Davis Law, we’ve seen firsthand how social media activity can significantly impact the outcome of a case. What you post online can be used as evidence, and even the most innocent updates can be twisted to undermine your claims. Understanding these risks is crucial to protecting your rights and maximizing your chances of a fair outcome.

How Social Media Can Affect Your Legal Case

Social media is no longer just a place for sharing vacation photos or life updates—it’s a powerful tool for lawyers, insurance companies, and investigators. In legal cases, especially those involving personal injury, your online presence can be scrutinized for any information that contradicts your claims or damages your credibility.

Social Media as Evidence

Anything you post publicly on social media can be used as evidence in court. This includes photos, videos, check-ins, status updates, and even comments from friends and family. Courts generally view public posts as fair game, and even private posts can sometimes be accessed through legal discovery or mutual connections

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Types of Social Media Evidence Used in Court

• Photos and Videos: Images showing physical activity, travel, or social gatherings can be used to argue that your injuries are not as severe as you claim.

• Check-Ins and Location Tags: Tagging yourself at a gym, restaurant, or vacation spot can raise questions about your mobility and the extent of your injuries.

• Status Updates and Comments: Posts about your accident, recovery, or legal proceedings can be misinterpreted or used to question your credibility.

• Tags and Posts from Others: Friends and family may inadvertently share information that contradicts your claims, which can also be used as evidence.

Common Social Media Mistakes That Can Hurt Your Case

1. Posting About Your Injury or Case

Sharing details or emotions about your accident or legal proceedings is a common mistake. Even a seemingly innocent post like “Thankful to be alive” can be interpreted as evidence that you weren’t seriously injured. Updates about your case, such as “My lawyer says we’ve got this in the bag,” can make you appear motivated by money rather than justice.

2. Sharing Photos and Videos of Physical Activity

If you claim serious injuries but post photos or videos of yourself hiking, lifting, or exercising, the opposing side may argue that you’re exaggerating your injuries. Even if you’re trying to “tough it out,” these images can be used to undermine your claims.

3. Checking In at Locations

Location check-ins at gyms, restaurants, or vacation spots can be used to suggest that you’re more active or mobile than your injury claim suggests. Insurance companies and defense attorneys often look for these check-ins to challenge the severity of your injuries.

4. Comments from Friends and Family

Posts or tags from loved ones can also be used as evidence. For example, a friend’s comment like “You look great!” or “Glad you’re back on your feet!” can be taken out of context to dispute your claims of pain or immobility.

5. Deleting Posts

If you realize that a post might hurt your case, you might be tempted to delete it. However, this can be seen as destroying evidence and may lead to legal penalties. Courts can require you to produce deleted posts, and attempts to hide evidence can damage your credibility.

Real-World Examples of Social Media Mistakes

The “Injured” Athlete

A woman filed a lawsuit claiming a serious back injury from a slip-and-fall accident. She stated she was unable to work or participate in daily activities. However, her Instagram profile showed recent videos of her weightlifting, running marathons, and rock climbing—all after the date of her alleged injury. Her social media activity contradicted her claim, and her posts became key evidence in court. The case was dismissed, and the company avoided liability2.

Workers’ Compensation Fraud Uncovered

A man applied for workers’ compensation benefits, claiming a job-related injury left him unable to perform physical tasks. Yet, his Facebook profile showed photos of him playing in a recreational basketball league just days after filing his claim. Investigators presented the evidence, and the insurance company denied his claim.

Vacation Photos and Settlement Offers

A plaintiff claimed severe injuries but posted beach photos during the case. The court questioned the extent of their injuries, and the settlement offer was significantly reduced.

How Lawyers and Insurance Companies Use Social Media

Lawyers and insurance companies use social media to:

• Find Contradictory Evidence: They look for posts that contradict your claims about the severity of your injuries or your ability to work.

• Discover Inconsistencies: They search for inconsistencies in your story or timeline.

• Gather Information About Your Lifestyle: They use your posts to assess your lifestyle and determine if your claims are credible.

Even if your profile is set to private, opposing attorneys or insurance companies can sometimes access your content through legal discovery or mutual connections. Courts can also issue subpoenas for social media records if there’s a valid reason.

How to Protect Yourself on Social Media During a Legal Case

To minimize the risks associated with social media during a legal case, consider the following steps:

1. Limit or Pause Social Media Use

The safest option is to stay off social media entirely until your case is resolved. This eliminates the risk of posting something that could be used against you.

2. Adjust Your Privacy Settings

Set your accounts to private, but remember that privacy settings aren’t foolproof. Lawyers and investigators can sometimes access private content through legal channels or mutual connections.

3. Review and Archive Old Posts

Review your old posts and consider archiving or deleting anything that could be misinterpreted. However, avoid deleting posts after a case has started, as this can be seen as destroying evidence.

4. Discuss Social Media with Your Lawyer

Talk to your lawyer about your social media habits and any posts that might be relevant to your case. Your lawyer can advise you on what to avoid and how to protect your rights.

The Legal Perspective: Admissibility of Social Media Evidence

Social media posts can be used as evidence in court if they are relevant, authentic, and obtained legally. Courts require proof that the content is genuine and has not been altered. Public posts are generally admissible, while private content may require a subpoena or legal discovery.

Even if a post is deleted, screenshots and archived versions may still be used as evidence. Metadata from posts can provide timestamps, locations, and other useful details. However, courts will not admit evidence obtained through deceptive or illegal means.

Conclusion

Social media can be a powerful tool for staying connected, but it can also be a liability if you’re involved in a legal case. What you post online can be used as evidence, and even innocent updates can be twisted to undermine your claims. To protect your rights and maximize your chances of a fair outcome, limit your social media use, adjust your privacy settings, and consult your lawyer about your online activity.

At Shey Davis Law, we’re committed to helping our clients navigate the complexities of personal injury cases and avoid the pitfalls of social media. If you have questions or need legal advice, contact us today.