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Social media is part of most people’s everyday lives. Sharing our experiences, especially the big ones, is important to us. We enjoy connecting through social media and can relay vast amounts of information about ourselves to others through comments and images.

"When someone is injured in an accident, it may be a natural tendency to share it with family, friends, and others on social media. However, this may not help you in your personal injury lawsuit. We suggest that before using social media after being injured in an accident, you first check with your attorney,” said Florida Personal Injury Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorney, P.A.

Even innocent social media postings can influence a personal injury lawsuit. The safest thing to do is not to do anything on social media while a personal injury lawsuit is pending. There are too many ways to accidentally make a mistake that could put a lawsuit in jeopardy. Social media can limit the compensation an accident victim may receive and that is why it is important to discuss use of social media with your lawyer..

Social media postings are not private. They are considered public records, and defense attorneys and insurance adjusters are skilled at finding accident victims’ posts that support their defense cases. Even with some privacy settings turned on, social media can allow multiple people to verify what an accident victim has said or done on social media. Specifically, social media can affect a lawsuit in numerous ways, such as:

• Injury photos can be used by the defense to question how serious injuries are.
• Posting about going back to work after claiming lost wages due to an accident can affect subsequent compensation.
• Posting about going to the gym, running a race, bowling, or other activities may also make injuries seem less serious.
• Posting photos of lifting heavy objects after an accident can be used by the defense in its claim against the seriousness of an injury.
• Posting comments in such a way as to inadvertently admit fault in an accident will be difficult to explain in a lawsuit.

If you have a pending or potential personal injury lawsuit, in addition to not posting about it, you should consider doing the following just in the event there is a mishap in your postings. However, none of these are foolproof. In discovery if a lawsuit is filed in a personal injury case, social media posts can be discoverable even if the settings were made private. 

1. Privacy Settings – LinkedIn, Facebook, Twitter (X), TikTok, Instagram, Snapchat, and other social media platforms allow users to control certain privacy settings. As soon as possible, accident victims should log into each platform they use to make the content as private as possible. Again, doing so does not mean changing privacy settings is bulletproof. Still, refrain from posting anything about your personal injury case that hasn’t been approved by your attorney.
2. New Friend Requests – You need to be extra careful not to accept any new friend requests from people you do not personally know. The request can easily be from the defense team.
3. Personal Comments – Again, anything you say on social media can be used against you in a personal injury lawsuit.
4. Friends’ Tags – Friends may tag you in their posts which can hurt your personal injury lawsuit because your friend’s post may not be consistent with your story. The defense could say that you lied about the accident. Ask your friends not to tag or mention you on social media until your lawsuit is resolved. Should your accident be mentioned by a friend on social media, make sure your attorney knows and has the specific information.

Should you or a loved one be injured in an accident because of the negligence of another, please contact Spivey Law Firm, Personal Injury Attorneys, P.A. 24/7 at 239.337.7483, toll-free at 1.888.477.4839, or contact us online at SpiveyLaw.com.

We represent people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All of our clients have unique personal injury cases. Our firm provides personal contact and communication along with aggressive representation. There are no costs or attorney fees until we receive a monetary recovery for you.