How Defense Attorneys Use Your Social Media Against You in Personal Injury Cases

Social media is a huge part of our lives. Whether you are posting on Facebook, Instagram, X, or Tik Tok, there seems to always be a popular trend to participate in or an exciting part of your day to show your friends and family. However, if you have been injured in an accident, it is recommended that you refrain from sharing anything about the incident on social media.

Although you may feel like you need to update your friends and family about your medical recovery, vent about what happened, or even share details about the accident, any post you make related to your accident could be turned around and used against you. Therefore, you should speak with a Little Rock personal injury attorney before you make a social media post, or consider taking some time away from social media altogether.

Five ways that a defense lawyer may use your social media against you

There are several different ways that your social media can be used against you. Here are five of the most common ways:

1. To show that you are not as hurt as you claim to be: After spending several weeks unable to do anything but sit around, it can be exciting to learn from your doctor that you can now return to walking, running, or engaging in some of the physical activities that you love again. While you may want to hurry and post this exciting information to your social media, it is important for you to know that the defense attorneys may use it to show that you are not as injured as you claim to be. Although you are still injured and recovering, the opposing side will likely see these posts as a way to downplay your personal injury claim.
2. To show that you are still doing activities and going places: Everyone enjoys using the “check in” feature on social media. This is a fun way to let your family and friends know what you are doing. However, if you check in to the gym, amusement park, or even the beach, the defense lawyer may use this as evidence that you are still performing activities and going places that would be difficult to do with the injury you claimed to sustain. Even if you post on social media that you are at the park walking your dog, the opposing legal team may see this as an opportunity to challenge your claim. Keep in mind that the defense lawyers will also be reviewing your family and friends’ posts, photos, and tags to see if they can find anything showing that you went on a trip or were at a location that could be used against you.
3. To show that you admitted that you were at fault: Many people think that they should go on social media and make an apology post to the person or family with whom they were involved in a car accident. While this may seem completely harmless, it can actually jeopardize your personal injury case. The defense attorney will most likely bring this up and ask why you would apologize if you were not at fault. Therefore, it is best to refrain from posting anything that could seem like you are admitting that you are at fault, even if you feel slightly guilty.
4. To contradict or show inconsistencies with your testimony: After you give your testimony, the defense lawyer will begin looking for ways that they can show inconsistencies. This means that if you gave a sworn statement about something, they may find a post on your social media accounts that contradicts what you said. For example, if you testify that you have a herniated disc due to your bicycle accident that keeps you from doing any type of physical activity, photos that you post on social media showing you riding a bicycle or jogging through the park could be used to show that your testimony was inconsistent.
5. To show that you are not credible: If you decide to start deleting or changing your social media posts after filing an injury claim, the defense attorneys may use this to show that you were trying to get rid of certain evidence. As a result, this could make you look like you are not credible, which could severely hurt your case. Therefore, before you decide to go back through your social media posts, it is crucial that you speak with a Little Rock personal injury lawyer who can give you advice about whether you should make any changes. Your social media accounts will likely be used against you, but removing and changing posts could look worse than the posts you have already made about the accident and recovery.

What social media posts could the defense attorney use against me?

The defense attorney could use almost anything against you from your social media accounts, including:

• Photos
• Videos
• Reels
• Check-ins
• Comments
• Tags
• Posts
• Friends and family’s comments, tags, posts, etc.

If you have been injured in an accident, the Little Rock personal injury lawyers at Bailey & Greer are here to help. Our team has years of experience handling various types of cases, such as bicycle accidents, pedestrian accidents, car accidents, motorcycle accidents, and more. When you work with our attorneys, you can rest assured knowing that your personal injury case is in good hands. We can also ensure that your social media accounts do not jeopardize your claim or potential compensation. All you have to do is call our office or submit our contact form to schedule your free consultation at one of our offices in Little Rock, Memphis, or Jackson today.