How Social Media Can Impact Your Injury Case

How Does Social Media Affect Personal Injury Claims?

Social media evidence was a key factor in an estimated 500,000 litigation cases in a 12-month period, according to a review of state and federal court decisions by Pagefreezer (2023). That number is growing as insurers invest in more sophisticated digital investigation tools. If you have an active personal injury claim, what you post online can directly determine how much compensation you receive.

Insurance adjusters and defense attorneys treat social media as a primary source of evidence. A single photo, check-in, or status update can be used to argue that your injuries are less severe than you claim — even if the post is taken completely out of context.

Understanding exactly how insurers use your digital footprint is the first step toward protecting your claim.

Why Do Insurance Companies Monitor Your Social Media?

With 84% of U.S. adults using at least one social media platform — including 71% on Facebook and 50% on Instagram (Pew Research Center, 2025) — insurance companies know that claimants are almost certainly active online. Monitoring your public posts costs them nothing, and the potential payoff is enormous: evidence that contradicts your claimed injuries can save insurers thousands or even hundreds of thousands of dollars.

According to the insurance defense firm Conroy Simberg (2023), insurers and their investigators now use several advanced techniques to investigate claimants online:

• Active monitoring: Adjusters regularly check your public profiles on Facebook, Instagram, TikTok, X (Twitter), LinkedIn, and YouTube throughout the life of your claim
• Research accounts: Some investigators create fictitious social media profiles (known as “sock puppet” accounts) specifically to view claimants’ content that may be restricted to friends only
• Metadata analysis: Insurers can request metadata from social media posts through discovery, revealing location data, timestamps, and even deleted content
• Extended network searches: Investigators also review posts by your friends, family, and coworkers for photos or mentions that contradict your injury claims

The goal is always the same: find anything that suggests you are more physically capable or less emotionally affected than your claim states.

What Types of Social Media Posts Can Hurt Your Claim?

According to legal experts at the University of Connecticut School of Law, attorneys report a significant increase in cases where social media evidence is used by the defense to undermine personal injury claims. Even posts that seem completely harmless can be taken out of context and used against you.

Here are the five categories of posts that cause the most damage:

1. Physical Activity Photos and Videos

Any image or video showing you engaging in physical activity — lifting groceries, playing with your children, dancing at a wedding, or even walking your dog — can be used to argue that your injuries are not as limiting as you claim. It does not matter that the photo captured a rare good moment or that you were in significant pain afterward.

2. Location Check-Ins and Travel Posts

Checking in at a restaurant, posting vacation photos, or sharing a concert selfie can suggest you are physically and socially active despite claiming otherwise. GPS metadata embedded in your photos can also reveal your location even if you do not manually check in.

3. Statements About the Accident

Describing how your accident happened — even casually to friends — gives the insurance company potential ammunition. Phrases like “I didn’t see the other car” or “it happened so fast” can be framed as admissions of fault or contributory negligence.

4. Emotional or Positive Updates

Posts expressing happiness, gratitude, or optimism can undermine claims of depression, anxiety, or emotional distress. Even a simple “feeling grateful today” can be presented as evidence that your psychological injuries are exaggerated.

5. Comments That Downplay Your Injuries

Well-meaning updates like “I’m feeling a little better” or “it could have been worse” can be used to argue that your recovery is further along than your medical records indicate. Insurance companies will interpret these statements in the way that is most favorable to them — not to you.

Can Insurance Companies Access Your Private Social Media Posts?

Courts across the country have ruled that privacy settings do not create a legal privilege that protects your social media content from discovery. Under Federal Rule of Evidence 402, social media content is admissible in court if it is relevant to the case — regardless of whether your account is set to private.

Several landmark court decisions have established this principle:

• Romano v. Steelcase Inc. (NY, 2010): A plaintiff claimed permanent injuries that confined her to her home. The court ordered her to turn over her Facebook and MySpace login credentials after the defense argued her posts showed a lifestyle inconsistent with her claims (Casetext).
• Nucci v. Target Corp. (FL, 2014): After a slip-and-fall incident, the defense requested access to the plaintiff’s Facebook photos to challenge the extent of her injuries. The court ruled that social media photos are not protected by privacy rights when relevant to the case (Casetext).
• Largent v. Reed (PA, 2011): The court held that private Facebook content is discoverable if the requesting party can demonstrate its relevance to the claims at issue.

Defense attorneys can also subpoena social media companies directly. While platforms like Facebook and Instagram typically only share subscriber information (not content) with private parties under the Stored Communications Act, courts can and do compel claimants themselves to produce their complete social media history during discovery.

The bottom line: setting your profile to “private” is not a legal shield.

How Can You Protect Your Personal Injury Case on Social Media?

The American Bar Association has noted that digital content must be authenticated under FRE Rule 901(a) before it can be admitted as evidence, but that standard is often easily met with screenshots and metadata. The most effective protection is to minimize your online presence entirely while your case is active.

Follow these seven steps to protect your claim:

1. Stop posting on all platforms immediately. This includes Facebook, Instagram, TikTok, X, LinkedIn, Snapchat, and YouTube. Even a post unrelated to your injury can be misinterpreted.
2. Do not delete any existing posts. Deleting social media content after filing a claim can be considered spoliation of evidence, which may result in court sanctions, negative jury instructions, or even case dismissal.
3. Tighten your privacy settings. While privacy settings do not guarantee legal protection, they add a barrier. Set all accounts to the most restrictive settings available and disable location services.
4. Ask friends and family not to tag you. Posts by others that feature you — even in the background of a group photo — can be used as evidence. Enable tag approval on all platforms.
5. Do not discuss your case online. This includes private messages and direct messages, which can be subpoenaed and are not protected by any expectation of privacy.
6. Disconnect fitness trackers and apps. Devices like Fitbit, Apple Watch, and Strava can automatically post activity data to social media, creating evidence you did not intend to share.
7. Tell your attorney about all your social media accounts. Your lawyer needs a complete picture to advise you properly and to prepare for any discovery requests from the defense.

What Other Mistakes Can Hurt Your Personal Injury Claim?

Non-health insurance fraud costs more than $40 billion per year in the United States (FBI), and insurers are motivated to investigate every avenue to reduce payouts — not just social media. Avoid these common mistakes that can damage your claim independently of your online activity:

• Failing to seek medical treatment promptly: Delaying medical care after an accident gives the insurance company grounds to argue that your injuries were not serious or were caused by something other than the accident.
• Not following your doctor’s orders: Missing appointments, skipping prescribed medication, or ignoring activity restrictions can be used to argue that your injuries are not as severe as claimed.
• Giving a recorded statement without legal counsel: Insurance adjusters often request recorded statements early in the process. These statements can be used to lock you into a version of events that may later be used to deny or reduce your claim.
• Accepting a low settlement offer too quickly: Once you accept an offer, you typically cannot reopen the claim — even if your injuries turn out to be more severe than initially diagnosed.
• Discussing your case with others: Conversations about your claim with friends, family, or strangers can come back to haunt you. Anyone you speak with can potentially be called as a witness and compelled to repeat what you said.
• Not hiring an attorney: An experienced personal injury attorney protects your rights throughout the claims process and helps ensure you receive fair compensation for your injuries.

Frequently Asked Questions

Can insurance companies legally look at my social media?

Yes. Insurance companies can legally view any publicly available social media content without your permission. They can also request access to private content through the legal discovery process if they can demonstrate it is relevant to your claim. Courts have broadly supported these requests, as established in cases like Romano v. Steelcase Inc. (2010) and Nucci v. Target Corp. (2014).

Should I delete my social media accounts during my injury case?

No. Deleting your accounts or posts after filing a personal injury claim can be treated as spoliation of evidence — the intentional destruction of relevant material. This can result in court sanctions, negative inferences by the jury, or dismissal of your case. Instead, stop posting new content, tighten your privacy settings, and consult your attorney about how to handle your existing online presence.

Can a friend’s social media post hurt my personal injury case?

Yes. Insurance investigators routinely review the social media accounts of claimants’ friends, family members, and coworkers. If someone tags you in a photo at a social event, posts about an outing you attended, or comments that you seem to be “doing great,” that content can be used to challenge the severity of your injuries.

Are private messages on social media protected from discovery?

Generally, no. Courts have ruled that there is no reasonable expectation of privacy in social media direct messages when those messages are relevant to a pending legal claim. Defense attorneys can request production of private messages through discovery, and courts regularly grant these requests when the content may contradict the claimant’s testimony.

How long should I stay off social media after an accident?

You should avoid posting on social media from the time of your accident until your case is fully resolved, including any appeals. Depending on the complexity of your claim, this could mean staying off social media for one to three years or longer. Your personal injury attorney can provide specific guidance based on the circumstances of your case.

If you have been injured in an accident and are concerned about how your social media activity may affect your claim, contact our experienced personal injury attorneys at Goldberg & Loren. Call us at 1-888-352-9243 or fill out the form for a free consultation. We are a nationwide personal injury law firm.

Infographic: “How Social Media Can Impact Your Injury Case”