How Social Media Is Used as Evidence in Personal Injury Lawsuits

Instead of removing content, stop posting and let your attorney advise you on how to handle existing posts.

As an accident victim, understanding how social media is used as evidence in personal injury lawsuits is critical to protecting your right to fair compensation. In today’s digital world, your social media activity can make or break a personal injury lawsuit. Posts, photos, check-ins, and even private messages are often scrutinized and introduced as evidence in court to challenge your claims about injuries, pain, or lifestyle changes. Insurance companies and defense attorneys regularly monitor platforms like Facebook, Instagram, TikTok, and X (formerly Twitter) to look for inconsistencies between what you say in your lawsuit and what you share online.

To learn more about how social media posts can be used against you, call Ankin Law at 312-600-0000. Your consultation is free.

How Defense Attorneys Use Social Media Against Injury Victims

When filing a personal injury lawsuit, the defendant’s insurance company and attorneys will often launch an investigation to disprove the plaintiff’s claims. In the process, these parties may review the plaintiff’s social media profiles to look for any evidence contradicting the victim’s claims.

For example, social media posts on platforms like Facebook could include photos showing the plaintiff engaging in physical activity that he or she should be unable to perform due to an injury. A photo of you carrying groceries could be spun as proof your back injury isn’t serious. Even photos of you spending time with friends or family could be twisted by insurers to demonstrate that you don’t appear to be in pain.

Even if a post is perfectly innocuous and the poster is truthful about his or her injuries and experience after an accident, attorneys or insurers could convince a judge or jury that the post indicates that an injury isn’t as severe as the plaintiff states it is.

In some cases, the use of social media apps while driving could prove that a plaintiff was distracted behind the wheel, making him or her at least partially liable for the accident injuries that occurred.

What Illinois Courts Say About Social Media Evidence in Personal Injury Cases

Today, Illinois is the state that sees the fifth-highest number of personal injury cases per capita in the U.S., at a rate that’s over 140% of the national average, according to recent data. In many of those cases, social media could play a role in determining fault.

In Illinois, courts consider social media to be admissible evidence in personal injury cases, as long as it applies to the case and is properly authenticated.

Also, you must consider the state’s hearsay rule as it applies to social media. Generally, the hearsay rule dictates that defendants cannot use people’s statements in a case if individuals made them out of court. However, one of the exceptions to this rule is that out-of-court statements could be relevant to a case if either the plaintiff or defendant made them.

As such, if you make an out-of-court statement via social media, as the plaintiff, this statement could count as admissible evidence in your case.

Why Personal Injury Plaintiffs Should Avoid Social Media During a Lawsuit

Although it’s possible to make perfectly innocent posts during a case, especially those that don’t apply to your case and any injuries, it’s important to understand how Facebook posts affect personal injury lawsuits and how you can avoid potential issues with your case.

Even if a photo or video comes from a date before your injury, you should avoid posting it during your case, as it could be difficult to prove that you recorded the image before your accident and injury.

Generally, it’s in your best interest to avoid using social media entirely while your case is pending a resolution. While changing your privacy settings can help prevent prying eyes from seeing your posts, this method doesn’t guarantee that your photos, videos, or regular posts are protected. Even with strict privacy settings, courts may still compel access.

It’s also best to avoid adding any friends to your social media profiles until after your case resolves. While it’s unethical, though not illegal, some investigators use fake profiles to befriend you on Facebook or other platforms to tap into your feed and look for any posts that might hurt your case.

Remember, you don’t have to post something yourself to risk damaging your case. Friends or family might tag you in photos or posts that could contradict your statements. To avoid this, it’s a good idea to ask them not to share anything about you or involving you until your case is resolved.

Can Social Media Help a Case?

Social media evidence in injury cases is often harmful for plaintiffs, but it might be beneficial under certain circumstances.

The following are a few ways social media could increase your chances of winning your case:

• Witness statements from people involved in the case, including comments, photos, or video footage of or related to the accident.
• Determining the precise timeline of events and how the accident occurred, potentially involving posts from you before the accident showing your ability to function before your injury, along with the absence of a pre-existing condition.
• Proving a defendant’s negligence, which could be evident in the defendant’s posts before or during a case.

In these instances, it still helps to avoid posting on social media at any point throughout your case. Meanwhile, your personal injury lawyer might be able to use this and other online evidence to help support your case.

FAQs About Social Media and Personal Injury Lawsuits

Can defense attorneys monitor my accounts if I set them to private?

Yes. Even if your account is private, attorneys may subpoena records directly from the platform. Some courts allow this if the content is relevant to your case. Privacy settings may limit casual browsing, but they do not shield your posts from legal discovery.

Is it safe to post about unrelated topics, like vacations or hobbies?

Not really. Even harmless updates can be twisted to suggest you are healthier or less restricted than you claim. For example, a vacation photo might be argued as proof you were well enough to travel, even if the trip caused you pain.

Can checking in at locations hurt my case?

Yes. Location check-ins on apps like Facebook or Instagram can contradict your testimony. If you say you were bedridden, but your profile shows you at a restaurant, defense attorneys may use that to question your credibility.

What if I share old photos after my accident?

Posting old photos during a pending lawsuit can be risky. Unless the image is clearly dated, insurers may argue it was taken after your injury. This can create unnecessary doubt about your claims.

Do courts treat social media differently than other types of evidence?

No. Once authenticated, social media is treated like any other piece of evidence. The difference is that online posts often come directly from you, which makes them especially powerful for the defense.

Can I delete old posts once I file a claim?

Deleting posts after an accident can look like you are trying to hide evidence. Courts may even compel you to turn over deleted material. Instead of removing content, stop posting and let your attorney advise you on how to handle existing posts.

Is the insurance company using your social media posts against you? Ankin Law can help. Contact us online today or call 312-600-0000 to schedule a free consultation.