After an accident, posting on Facebook, Instagram, TikTok, or another social platform may feel completely unrelated to your personal injury claim. Unfortunately, what you share online can become relevant when an insurance company or defense attorney is evaluating your injuries and damages.
At our Florida personal injury firm, we encourage clients to be careful with social media while a claim is pending. A photo, caption, comment, check-in, or video can sometimes be taken out of context and used to challenge what an injured person has said about their physical condition or daily limitations.
Can Social Media Be Used in a Personal Injury Case?
Potentially, yes.
Florida courts have addressed the discovery and use of social media information in litigation. The Florida Bar has noted that social media can become relevant in personal injury cases, particularly when posts or photographs relate to a person’s physical condition, activities, location, or other disputed facts.
That does not mean every post you have ever made automatically becomes relevant. The specific facts of the case and the information being requested matter.
However, assuming that your social media accounts are completely separate from your injury claim can be risky.
How Could a Normal Photo Cause Problems?
Imagine you suffered a back injury in a car accident and explained that the injury has made certain activities difficult.
Several weeks later, a friend posts a photograph of you attending a birthday party. You may have spent most of the event sitting down and left after an hour because of pain. The photograph, however, only captures you standing and smiling.
An insurance company could try to use that image to question the severity of your limitations.
A photograph rarely tells the complete story.
Still, defending the context of a post can create another issue in a claim that did not need to exist.
Should You Make Your Accounts Private?
Reviewing your privacy settings can reduce how much information is publicly visible, but privacy settings should not be treated as a guarantee that information can never become part of litigation.
The Florida Bar has discussed social media evidence in the context of discovery and has specifically recognized that relevant social media information may need to be preserved even when privacy settings are changed.
We generally recommend being cautious about what you post rather than relying entirely on privacy controls.
You should also remember that friends or family members may post photographs, tag your account, or discuss activities involving you.
Should You Delete Old Posts After an Accident?
Do not start deleting potentially relevant material simply because you are worried that it could affect your case.
Once litigation is underway-or reasonably foreseeable-preservation obligations can become important. The Florida Bar has specifically addressed the need to preserve relevant social media information and warns against destroying material that may need to remain available for a proceeding.
If you are concerned about an existing post, speak with your attorney before changing or removing it.
Deleting something without understanding your preservation obligations can create a larger problem than the original post.
What Should You Avoid Posting During a Personal Injury Claim?
We recommend keeping discussions about the accident, your injuries, medical treatment, insurance negotiations, and legal case off social media.
Be cautious with photos and videos of physical activities as well. Even routine activities can be misunderstood when someone sees a few seconds of video without knowing how you felt before or afterward.
We also recommend avoiding arguments about who caused the accident. Statements made shortly after a crash can become difficult to explain later if additional evidence changes the picture.
The safest approach is simple: if you would be uncomfortable seeing a post presented by the opposing side during your case, consider not posting it.
Protect Your Claim Before You Post
Social media can become another source of evidence in a personal injury case. That does not mean you need to disappear from the internet, but it does mean you should think carefully before sharing information while your claim is active.
At our firm, I represent people injured in car accidents, truck crashes, motorcycle accidents, slip and falls, bicycle accidents, and other personal injury matters throughout Florida. I also provide clients with direct communication throughout the claims process so they understand what is happening with their case.
If you have been injured and have questions about what you should-or should not-do while pursuing a claim, I offer a free, no-obligation case evaluation. There are no upfront attorney’s fees, and attorney’s fees are charged only if I recover compensation for you.
This article is for general educational purposes and is not legal advice.
This post was written by a professional at LeavenLaw. Attorney Kevin L. Sullivan II is your zephyrhills truck accident lawyer and an experienced personal attorney near you for LeavenLaw. Kevin is proud to serve Florida accident victims that have been injured in auto accidents, motorcycle accident, slip and falls or have suffered any other type of injury caused by negligence. Kevin offers a FREE no-obligation consultation to discuss your claim. There are NO upfront fees or costs and if he does not collect for you, you do not owe him anything.
