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Social Media and Personal Injury Lawsuits: What You Post Can Cost You

Social Media and Personal Injury Lawsuits: What You Post Can Cost You

11 May 2025

8 min

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Joshua Mack Lockamy

Lawyer

Introduction

In the age of likes, shares, and instant updates, it’s second nature to post about daily life — even the difficult parts. But if you’ve been injured in an accident and are pursuing a personal injury claim, your social media feed can quickly become a legal minefield.

At Lockamy & Associates, we’ve seen it happen time and again: a client posts something they think is harmless — a beach photo, a gym selfie, or a joke about "feeling better" — and suddenly, the defense uses it to challenge the severity of their injuries. Insurance companies are watching. So are defense attorneys. And yes, your posts can be used against you.

Let’s break down how it works — and how to protect yourself.

Introduction

How Social Media Posts Are Found and Used in Court

Whether your account is public or private, once you file a personal injury claim, opposing lawyers may request access to your social media during discovery. Even if you never mention your case directly, a photo, status, or comment can be framed as “evidence” that contradicts your injuries.

Courts have repeatedly ruled that social media content can be admissible if it’s relevant. That means:

• Your physical activity can be scrutinized

• Your emotional state can be questioned

• And yes — even old posts can come back to haunt you

How Social Media Posts Are Found and Used in Court

Real Case Examples: When Posts Undermined Claims

⚠️ We’ve seen examples like:

• A client with a back injury posting about dancing at a wedding

• A car crash victim sharing gym photos during recovery

• Someone with emotional trauma tagging friends at a party with the caption: “Best night ever!”

While these moments may be genuine, defense attorneys can use them to argue: “See? They’re not that injured.”

Real Case Examples: When Posts Undermined Claims

What Not to Post After an Accident

To stay safe, we tell every client:

Do not post photos of yourself engaging in physical activity

Avoid sharing recovery updates unless advised by your lawyer

Don’t discuss the accident, your injuries, your doctor visits, or the lawsuit — even vaguely

Skip check-ins at events or locations that could raise questions

Remember: private accounts aren’t bulletproof. Opposing counsel may request screenshots, mutual friends may reshare content, and investigators may monitor your digital footprint.

What Not to Post After an Accident

How to Talk About Recovery Without Hurting Your Case

We get it — healing is emotional. But resist the urge to vent or overshare online. Instead, document your journey privately (in a journal, with your doctor, or with your attorney). Let your legal team share the story — with the proper context — when it matters most.

How to Talk About Recovery Without Hurting Your Case

Should You Delete Old Posts?

It’s tempting to clean up your accounts. But be careful. Deleting posts after filing a claim may be seen as tampering with evidence. Always talk to your lawyer before removing anything.

Instead, tighten your privacy settings and pause posting altogether while your case is active. What seems harmless to you may be spun in court.

Should You Delete Old Posts?

What to Do If You’re Already Being Watched Online

If you think opposing parties are monitoring your accounts:

• Stop posting immediately

• Don’t engage with messages or comments about the case

• Take screenshots of anything suspicious

• Alert your attorney right away

Your online presence should never weaken your real-life case.

Final Word from Lockamy & Associates

At Lockamy & Associates, we fight for the full value of your injury — and that means helping you avoid common traps that can lower your compensation.

💡Pro Tip: Until your case is resolved, treat social media as if the judge and jury are your followers. When in doubt, don’t post.

Need help after an accident? We’re here to guide you every step of the way — online and off.

Free Consultation Available

What to Do If You’re Already Being Watched Online

Lockamy & Associates

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