LegalReader.com  ·  Legal News, Analysis, & Commentary

Lawsuits & Litigation

The Dos and Don’ts of Social Media During Your Personal Injury Case


— June 8, 2023

Consider stopping social media activity during the case so you can focus on essential things, including remembering details, recovery, and healing.


If you suffer bodily, mental or emotional harm due to someone else’s negligent or deliberate actions, you may file a personal injury case to seek justice and compensation. Usually, the case is filed against an insurance provider who will investigate the claim, establish the truth and assess injuries. One of the many ways investigators look into claims is by requesting disclosure of social media info.

They will request the preservation of your social media activity, including deleted posts, so they can extract as much information as possible to support their arguments. Insurance companies are built to make a profit, meaning they prefer to pay claimants very little compensation or none. Therefore, be careful about what you post on social media. You may give them the evidence to downplay the seriousness of your injuries or assign you a percentage of the blame and harm your claim.

The statute of limitations in Chicago sets a time limit on filing a personal injury lawsuit. Generally, in Illinois, it is two years from the date of the injury. Filing a lawsuit within this time frame is crucial, or you may lose your right to seek compensation. Suppose you happen to be a resident of Chicago, for instance, and have suffered personal injuries due to someone else’s negligence. In that case, you must seek help from the best Chicago personal injury attorneys. They will help you navigate this challenging ordeal and prevent making mistakes on social media platforms.

Biggest social media Dos and Don’ts during a personal injury case

Don’t post any details about your injuries

Documenting information surrounding your bodily, emotional, or mental injury is essential for your claim. However, don’t post it online lest you reveal your entire plan and give the opposing team ideas to fight your case.

The case will involve great discussions about your injuries and recovery, so don’t post about your recovery process and give the insurance company reasons to downplay the seriousness of your injuries. Only share details about your injuries with your attorney.

These include medical scans, bills, and photo and video evidence of the injuries. Such information will help them build a strong case, determine the amount of compensation, and negotiate from a strong position.

Don’t share pictures of your vacation

Depending on the severity of your injuries, you may need to take time off, even for a short period, to give your body a chance to heal. Now most people want to document every little detail about their vacation and share them with their friends for one reason or another. However, in this case, sharing photos and videos of your vacation could harm your case.

You want to show that the injuries affected your abilities and happiness. So, while you should still take time off and relax, don’t post photos of the retreat online lest the opposition uses them to demonstrate that your injuries are not as severe as you claim, especially if you appear to be enjoying strenuous physical activity.

Inform your family and friends not to include you in their social media activity

It’s also important to inform your family and friends not to include you in their social media posts during the case. Investigators don’t just stop at your online pages; they also check your family and friends’ accounts and can use their photos and comments about your accident to deny your claim.

Therefore inform your friends and families about the social media dos and don’ts during the case. Tell them it’s better if they also avoid tagging you in their posts.

Consider pausing social media activity

Collage of a woman’s face, a camera lens, and various social media symbols; image by Geralt, via Pixabay.com.
Image by Geralt, via Pixabay.com.

Personal injury cases involve many activities, and social media can be distracting and destructive to your case.

Consider stopping social media activity during the case so you can focus on essential things, including remembering details, recovery, and healing. You can always resume online activity once the case is resolved.

That said, always remain careful about your posts if you can’t get off social media. Use the above dos and don’ts to ensure your online activity doesn’t harm your case. In all cases, it’s always best to seek legal representation as soon as possible. 

Join the conversation!