If you’ve been hurt in an accident and you’re considering a personal injury claim, one of the smartest things you can do is also one of the easiest to overlook: watch what you post on social media.
Most people know divorce cases often involve screenshots from Facebook, Instagram, and text messages. But what many injury victims don’t realize is that social media evidence is routinely used in personal injury lawsuits, too—and not just by the other person’s lawyer. Insurance companies and defense attorneys often look for anything they can use to minimize or deny a claim.
Even posts that seem harmless—like a smiling photo at a birthday dinner or a quick comment that you’re “feeling better”—can be taken out of context and used to argue that you’re not actually injured.
Why Do Lawyers Look at Social Media in Injury Cases?
When you file a personal injury claim, the defense is usually trying to reduce its financial exposure. That means they’ll look for anything that suggests:
- You weren’t seriously injured
- You recovered quickly
- You’re exaggerating pain or limitations
- The injury happened another way
- You were doing physical activities, but you claim you can’t do
This is why social media posts can become powerful evidence. A single picture can create a misleading narrative, even if it doesn’t show the full story.
Example:
You may attend a family event because you don’t want to miss it, but you’re in pain the whole time. A photo of you standing and smiling can still be used to argue you were “fine.”
Can Attorneys Legally “Snoop” on Facebook?
Yes—lawyers can review publicly available information on social media, including Facebook, Instagram, TikTok, X (Twitter), and even public YouTube content.
Ethics rules generally permit attorneys to view any information that is publicly accessible online. In other words:
If the public can see it, the defense can see it.
This applies not only to injury cases but also to jurors, witnesses, and parties involved in litigation.
What Are the Restrictions on Social Media Snooping?
Even though attorneys can review public posts, there are important limits.
Defense attorneys (and investigators working for them) generally cannot:
- Send you a friend request to access private content
- Follow you using deceptive accounts to gain private access
- Ask someone else to “friend” you just to view your profile
- Contact you directly if you’re represented by an attorney
However, don’t assume that private settings fully protect you. In many cases, social media content may still become an issue through:
- Friends sharing screenshots
- Tagged photos you didn’t post yourself
- Posts made public accidentally
- Discovery requests in the lawsuit
Social Media Evidence Can Be Used Against Plaintiffs
Many people are surprised to learn that defendants don’t always need a “smoking gun” to start digging into social media. If they can show a reasonable connection between your injuries and what you’ve posted online, the defense may argue the content is relevant.
This can impact your case in major ways, including:
- Reducing settlement value
- Delaying negotiations
- Challenging credibility in court
- Weakening your injury claims
- Undermining pain and suffering damages
And the most frustrating part? Sometimes it’s not even your post—it’s someone else’s comment or photo that causes trouble.
What You Should NOT Post While a Personal Injury Case Is Pending
If you have an active claim, it’s best to avoid posting anything that could be misinterpreted. That includes:
- Photos of travel, outings, or social events
- Workout posts or recreational activity pictures
- Updates about your injury (“I’m doing better today”)
- Comments about the accident or who was at fault
- Jokes or sarcasm about your recovery
- Complaints about your employer (if it’s a work injury case)
- Check-ins that show you’re out and active
Even if you’re genuinely trying to stay positive, the defense may twist the tone or timing of a post.
Watch Out for Tagged Photos and Comments
Even if you don’t post anything yourself, social media can still create problems if:
- Friends tag you in photos
- Family members comment on your injury
- Someone posts “Glad you’re back to normal!”
- You’re shown doing something physical—even briefly
It’s a good idea to tell friends and family politely:
“Please don’t tag me or post about me while my case is ongoing.”
This is one of the simplest ways to protect yourself.
Should You Delete Old Posts?
This is a common question—and it’s important.
In general, you should not delete posts if you’ve already filed a claim or lawsuit, because the defense could argue you destroyed evidence. Even if the post seems unrelated, deleting content at the wrong time can create unnecessary legal complications.
Instead, your safest move is to:
- Stop posting
- Tighten privacy settings
- Ask others not to tag you
- Talk to your attorney before making changes
Should You Take a Break from Social Media?
Should You Take a Break from Social Media?
For many injury victims, the best advice is also the easiest:
Take a break.
If you’re in the middle of a personal injury case, stepping away from social media can prevent problems before they start.
Your attorney may recommend limiting your online activity until your case is resolved—especially if the injuries involve pain, mobility restrictions, or long-term recovery.
Contact Colorado Springs Personal Injury Lawyers
If you or someone you love has been injured in an accident, you deserve a legal team that knows how insurance companies operate—and how they try to use evidence (including social media) to fight claims.
The experienced Colorado Springs personal injury attorneys at Schofield & Green Law can help you protect your case and pursue full compensation for your injuries.
Call today to schedule a consultation: 719-694-8515
Or visit the firm online to learn more about your options.
