Your social media posts can and will be used against you in a personal injury claim, even if your accounts are set to private. Photos, health updates, and relationship posts can all be taken out of context by insurance companies and defense attorneys to reduce your compensation. Gilbert Law Firm in Spokane advises all clients to stop posting entirely while their case is pending.
If you regularly post updates about your life on Facebook, Twitter, or other social media platforms, and you are involved in a personal injury case or any type of lawsuit, you need to pay attention to what you make publicly available. Your social media accounts are the first place a defendant or insurance company will try to dig up personal dirt to discredit your claims.
Here at the Gilbert Law Firm in Spokane, we tell our clients to simply stop posting anything personal while their case is pending. If you can’t get away from social media during your claim, here are some steps to ensure you don’t accidentally sabotage your chances of getting the highest compensation owed to you.
1. Don’t Post Anything Medically Relevant
At a minimum, do not post updates about test results, imaging results, or any other medical-related information, whether good or bad. This matters because insurance companies and defense attorneys are looking for any opportunity to argue that your injuries are less serious than you claim.
Even an offhand comment like “feeling a little better today” can be taken out of context and used to suggest you’ve recovered more than you have. The same applies to posts that reference pain levels, medications, or treatment progress.
2. Be Careful About the Photos You Post
Photos can reflect a positive moment and be taken out of context. What they don’t show is what happened before or after it was taken, and insurance adjusters know that.
For example, a person with a head injury and balance issues posts photos of themselves smiling on a boat with their family. What the photos don’t show is the vomiting and sweating they experienced trying to spend just a few minutes on the water before having to cut their trip short. Still, that one photo could derail their claim.
If you are claiming a physical injury, photos of you engaging in outdoor activities, sports, travel, or anything physically active can be used to argue you are not as injured as you say, even if the reality is far more complicated.
3. Refrain from sharing relationship information with the public
People tend to post intimate details about their relationships online, but these details can be misrepresented during a legal proceeding.
If you have an argument with your spouse, resist the urge to post about it, even if you’re upset and want to vent. You and your spouse will likely work through it, but the post doesn’t disappear. More importantly, your spouse may be a witness in your case, and an old public dispute can suddenly create new credibility issues for both of you at trial.
The same applies to arguments with friends, coworkers, or other family members who may also be witnesses. Defense attorneys look for inconsistencies and conflict, so don’t hand them any.
4. Use Common Sense Before Posting Anything Potentially Offensive
Don’t post content containing political issues. Also, don’t post swear words or other potentially offensive content. Before offering a settlement, the insurer and defense attorney are trying to get a sense of who you are as a person and trying to decide if a jury will like you.
Posts that portray you in a negative light, even if they have nothing to do with your injury, can influence settlement negotiations. If an insurer decides a jury won’t sympathize with you, they have less incentive to offer fair compensation.
Since trials are expensive and a good settlement puts more money in your pocket, anything that weakens your negotiating position hurts you financially.
5. Assume Everything Is Public, Even If It’s Not
Even if your accounts are set to private, do not assume that protects you. Courts can order the disclosure of social media content during discovery, and opposing counsel may request access to posts, photos, messages, and account history that you thought were visible only to friends.
Even screenshots shared by mutual connections can also surface. The safest rule is simple: if you wouldn’t want a judge or jury to see it, don’t post it.
Contact the Gilbert Law Firm Today
Always use common sense when posting online and assume that anything you share could come back to hurt your case. If you have questions about what you should or shouldn’t post while your claim is pending, ask your Spokane attorney for guidance before you post.
Our team at the Gilbert Law Firm is committed to helping clients in Spokane and across Washington State obtain the full compensation they deserve after a personal injury. We have a reputation for fighting hard at the negotiating table and in the courtroom. You can contact us 24/7 for a free consultation.
Frequently Asked Questions About Social Media Posts and Insurance Claims in Spokane
1. Can insurance companies really see my private social media posts?
Yes. Even if your account is set to private, courts can order access to your social media content during the legal process. Screenshots shared by friends or family can also surface, so always assume anything you post could be seen by the other side.
2. Does social media affect car accident claims in Spokane?
Absolutely. Insurance companies routinely search social media after a car accident claim to find photos or posts that contradict your injury. Even innocent posts can be taken out of context to reduce your compensation.
3. What kinds of posts can hurt my personal injury case?
Photos showing physical activity, posts about your health or mood, relationship arguments, and politically charged or offensive content can all be used against you. The safest approach is to stop posting entirely while your case is active.
4. Should I delete old posts once my case starts?
No. Do not delete posts once a case is underway, as it can be considered destruction of evidence and seriously hurt your credibility. Talk to your attorney before removing anything. The team at Gilbert Law Firm can advise you on what steps are appropriate.
5. What if my friends or family post photos of me?
That can be just as damaging. Ask people close to you not to tag you or post photos of you while your case is pending. You can’t control what others post, but you can ask them not to, and you should.
6. Who can I talk to about protecting my personal injury claim in Spokane?
Bill Gilbert and the team at the Gilbert Law Firm have years of experience guiding Spokane clients through personal injury claims. If you have questions about what to post (or what not to), reach out today for a free consultation.
