Social Media and your Personal Injury Case

Article by Jacklyn Barrios, Articling Student.

Your social media usage and account settings can affect your personal injury case. Many individuals share life updates on their social media pages, such as Facebook and Instagram. This may not always be harmless. If you are involved in a personal injury lawsuit, your claim can be affected by your social media use. 

Injuries sustained in an accident can cause physical restrictions and emotional trauma. However, social media can affect your credibility if you are making these claims. For example, if you claim you have become depressed and isolated since the accident but are regularly posting pictures with friends. These types of discrepancies can be used against you to indicate you are not believable.  

It is important to make sure your social media accounts are private. Insurance adjusters and defence counsel may look at your social media to find evidence that undermines your case. This includes looking at posts you are tagged in. If your account is private, they may send a friend request to access your posts. Be wary of who you accept friend requests from. 

You should also consider the fact that private social media pages can be produced for inspection. Even if your account is not publicly accessible, it is still important to consider what you’re posting as it may be used against you in your lawsuit. The best course of action is to limit your social media use or use your social media to document your injuries. 

Summary – how to protect yourself 

  • Make sure your accounts are private 
  • Consider who you are accepting friend requests from 
  • Limit your social media use 
  • Use social media to document your injuries 

If you have questions about your social media activity and what is appropriate to post, reach out to one of our experienced lawyers at Reybroek Barristers for guidance.