In today’s digital age, social media is second nature for most people. Platforms like Facebook, Instagram, Twitter, TikTok, and Snapchat help us share life events, stay connected, and express ourselves. But if you’re involved in a personal injury claim, your posts, comments, or even likes can become powerful evidence against you.
Understanding how social media could negatively impact your personal injury case can help you protect your rights and compensation.
Romano v. Steelcase Inc.
In the 2010 case of Romano v. Steelcase Inc., Kathleen Romano filed a personal injury lawsuit after she injured her back and neck when a Steelcase office chair collapsed beneath her. She claimed the fall left her with serious, permanent injuries that limited her mobility and enjoyment of life.
However, the case took a surprising turn when the defense gained access to her Facebook and MySpace accounts (yep, MySpace was still around back then!). They found photos and posts showing her traveling, socializing, and looking happy and active—contradicting her claims of being mostly confined to her home and emotionally distressed.
The defense used this content to argue that her injuries were not as severe as described, and the judge sided with them. The court ruled that the plaintiff’s private social media content was admissible because the public content suggested she might not be as injured as she claimed.
- The case helped set a precedent: if your public posts contradict your claims, courts may allow access to private content.
- Romano v. Steelcase Inc. emphasized that expectations of privacy on social media aren’t strong when you’re putting information out into the world—even behind friend walls.
How Insurance Companies Monitor Social Media
Insurance companies regularly use social media (especially Facebook and Instagram!) as a tool to challenge personal injury claims. Insurance adjusters and attorneys frequently check claimants’ social media profiles, searching for posts that might undermine their case.
Even posts that seem innocent or harmless can be twisted into damaging evidence.
Here’s how insurers might use your social media activity against you:
- Contradicting Your Personal Injury Claim
Posting photos or videos of physical activities, such as going to the gym, gardening, or attending social events, might seem harmless. However, insurers can argue these posts contradict your reported injuries, suggesting you’re not as injured as you claim.
- Questioning Your Emotional or Mental State
If your injury claim involves emotional distress or pain and suffering, posting cheerful or carefree images or statuses might make insurers question the sincerity of your emotional injuries, even if these posts don’t accurately reflect your daily struggles.
- Misrepresenting Your Recovery
Simple posts about feeling “great,” “fine,“ or “better” could be misinterpreted by insurance companies, leading them to argue your injuries are less serious than documented by your medical providers.
- Using Your Friends’ and Family Members’ Posts
Even if you’re careful about what you post, your friends’ and family’s posts tagging you on vacation, at social events, family gatherings, or outings can be a detriment to your case by presenting an inaccurate portrayal of your condition and undermining your claim.
Personal Injury Lawsuit – What You Shouldn’t Post on Facebook
Given the risks, it’s wise to avoid certain types of posts while your personal injury claim is pending:
- Detailed Information About Your Accident or Injuries.
Discussing your accident or injuries publicly can give insurers ammunition against your claim. They may scrutinize every word and twist it to create inconsistencies in your story.
- Comments or Posts About Your Case or the Opposing Party.
Public venting or negative comments about the insurance company, the at-fault party, or your legal process can damage your credibility and complicate negotiations.
- Updates About Your Personal Life.
Posts indicating travel, even short trips, or photos from events may be used to suggest your injury hasn’t significantly impacted your daily life. Photos or status updates like grocery shopping or short walks can be misrepresented as evidence that you’re exaggerating your condition.
Privacy Settings May Not Protect You Fully
Adjusting your privacy settings can help, but it doesn’t completely protect your information. Courts frequently grant requests by insurance companies and opposing attorneys to access private content if it’s relevant to your claim. Even deleting posts might not fully protect you—content can be retrieved, and deleting material after litigation starts might be seen negatively by the court.
How to Safely Manage Your Social Media During a Personal Injury Case
To protect your claim, consider these best practices:
- Minimize or Avoid Posting
Temporarily limit your social media presence during your claim. Taking a break entirely from social media may be the safest option.
- Be Cautious About Accepting Friend Requests
Do not accept friend requests from strangers or unknown individuals. Insurers or attorneys sometimes attempt to gain access this way.
- Inform Friends and Family
Let your friends and family know that you would prefer they not tag you or post about your activities, especially if they involve physical or social events.
- Review Past Posts
Before filing your claim, consider reviewing older posts and consulting with your attorney to see if anything could potentially harm your case.
Personal Injury Attorney
Navigating the complexities of social media during a personal injury claim can be daunting. At The Paul Powell Law Firm, we advise our clients carefully about the use of social media throughout their claims process. Our experienced attorneys know how insurers leverage social media, and we can guide you to avoid common pitfalls that might jeopardize your case.
If you or a loved one has been injured due to someone else’s negligence, don’t risk your claim by unknowingly making harmful social media mistakes.
Contact The Paul Powell Law Firm today by visiting our contact page or calling us directly. We’ll help protect your rights and fight aggressively to ensure you receive the compensation you deserve.