For anyone pursuing a personal injury claim, social media evidence can either support or sabotage your case. What seems like a casual post or an innocent check-in can be misinterpreted and used against you throughout discovery and trial. Plaintiff attorneys see it happen all the time: discovery surprises caused by social media activity that seemingly contradicts injury claims. With the right precautions, these risks are avoidable.
This guide offers practical tips attorneys can share with their clients to help ensure their social media presence remains consistent with what they have been telling their legal team, treatment providers, and assessors. Should you stop posting?
Avoid Sharing Photos of Physical Activity
Even seemingly minor activities, like walking the dog, gardening, or attending a family BBQ, can cast doubt on the severity of your injuries. It doesn’t manner if in reality you were in pain and needed to regularly rest. If you’re claiming reduced mobility or chronic pain, the perception of an image showing you standing, stretching, or lifting could be taken out of context and misused.
Don’t Post About Your Recovery or Pain Levels
Clients often share updates like “finally feeling a bit better” or “was able to sleep through the night.” While you may be having a good day, and sharing such posts with followers may feel encouraging as they cheer you on throughout your recovery journey, opposing counsel can argue that they contradict your claimed severity of injury or disability. It’s best to avoid public commentary on your health altogether.
Disable Location Tags and Check-Ins
Social media production requests increasingly include data like location check-ins or tagged places. If you’re visiting restaurants, gyms, or events, especially ones that suggest physical movement or prolonged outings, this can be used to undermine your claim of limited mobility or pain no matter how harmless these actual visits may be.
Never Discuss the Case Online
This includes posts about the accident, the legal process, or feelings toward the other party. Anything you share can be screen-captured, subpoenaed, and submitted as evidence.
Ask Friends and Family to Avoid Tagging You
Not only must you use discretion with what topics, pictures, and videos you choose to post, you must also avoid being tagged in others’ posts. Posts may be viewed not only by your family and friends, but also investigators working on behalf of the opposing party. We encourage you to inform your friends and family to avoid including you in their posts, and we also encourage you to turn off other people’s ability to tag you (a feature available on most social platforms).
Set Accounts to Private, but Don’t Rely on It
Privacy settings help, but they don’t make your posts immune from legal discovery. Courts can still compel access to private posts. Especially if there’s suspicion, they’re relevant to the case. Furthermore, investigators representing the opposing party may use social engineering methods to “friend” you, gaining access to your private posts.
Be Consistent, as Your Character is Being Evaluated
What you say to your legal team, treatment providers, assessors, and your followers should align. Discrepancies in tone or details can weaken credibility. Jurors and opposing counsel often look for inconsistencies that suggest exaggeration or dishonesty, hence damaging your character and reputation.
If Posting at All, Highlight the Challenges You’re Facing
Some posts may help support your claim, but only if they’re accurate, appropriate, and approved by your legal team. Sharing genuine struggles (like needing assistance, missed milestones, or ongoing pain) can reinforce the reality of your injury. Always consult your legal team before posting.
Social media may feel personal, but during a personal injury or disability case, it becomes part of the public record and a potential source of scrutiny. Every post, tag, and location check-in can be examined for inconsistencies that can negatively affect your case. By following these guidelines and coordinating closely with your legal team, you can prevent common missteps and protect the integrity of your claim. A cautious, consistent online presence is a strategic part of presenting a strong, defensible case.
Book a Demo to Protect Your Clients from Social Media Pitfalls
Even one discovery surprise can put your case at risk. Private Footprint helps plaintiff attorneys proactively uncover social media evidence before opposing counsel does, at a flat fee of just $100 per file. Our platform is purpose-built for personal injury law, offering permission-based access, streamlined reporting, and discovery-ready output without hidden costs.
Book a demo today to ensure your client’s online activity supports, rather than undermines, their case.