How Social Media Can Affect Your Personal Injury Lawsuit In California

Many people cannot get through the day without scrolling through and posting photographs or comments on social media platforms such as Facebook, Instagram, Twitter, Snapchat, and LinkedIn. However, after suffering a personal injury in California due to someone else’s negligence and filing a subsequent claim, you must be extremely careful about what appears on your social media pages.

Social media can directly affect your personal injury lawsuit in California by providing evidence that challenges your claims. Posts, photos, or even location check-ins may be reviewed by insurance companies or defense attorneys to dispute the severity of your injuries, prove higher activity levels than you allege, or highlight inconsistencies in your testimony. This can lower the settlement value of your case or damage your credibility in court.

Usually, the safest approach is to take a break from social media until your damages claim is resolved. It also helps to ask close friends and family not to post anything about the accident or about you. Even if the content seems innocent or unrelated to your injury, the at-fault party can twist words, images, or tags into something you never intended.

How Insurance Companies Use Social Media Against You

Many personal injury cases involve a claim with an insurance company. Since insurance companies are looking for an excuse to pay as little as possible for your claim, they will try to find evidence that your injuries are not as severe as they seem, and their investigation may include scouring social media sites for information.

If you post information or photos that contradict your injury claim in any way, an insurance company may try to use that information against you. For example, if part of your claim is that you cannot pick up heavy objects, posting a photo of yourself holding a child or helping a friend move would likely be used by an insurance company as evidence that you are exaggerating your injury.

Understanding Why Privacy Settings Do Not Fully Protect You

All information you post on social media can be considered public, as there is no reasonable assumption of privacy on social media platforms. This means your posts can potentially be used as evidence against you in a personal injury case.

Even if you have increased your privacy settings, there are still ways for others to see what you are posting or sharing. Friends and family members may unknowingly give others access to your information through comments or tags, for example. Something you might feel is unrelated, like an after-work happy hour with co-workers, could be relevant to your car accident injury case. Your lawsuit might allege that you are barely able to walk because of pain from your injuries. Photographs of you dancing with friends at a bar can destroy your claim for injury compensation.

Even if your social media accounts are private, insurance companies can still request access through the discovery process or a court order. If an insurance company wants the information, it will find a way to obtain it. Let’s say that you limit access to your postings to friends, thinking that the insurance company is not on anyone’s friends’ list, so you think you are safe. You may only have 100 friends on your social media account but each of your 100 friends may have 200 unique friends. There are ways for “friends of friends” to see photos and posts. Any of those people can do a screen capture and send out your pictures without any restrictions and without your knowledge or permission.

Are Social Media Posts Admissible in California Personal Injury Cases?

Written evidence is admissible in court; social media posts, as electronic communications, are considered written documents under California law. Your statements outside the courtroom are admissible if you are a party to the case. Social media posts are relevant written statements. Therefore, they are admissible against you, as are the posts of family and friends if they contradict any statements you make.

What Types of Damages Can Social Media Impact?

As part of a personal injury claim, the injured party generally claims that they have suffered past and future damages as a direct and proximate result of the defendant’s negligent conduct. Such damages may include bodily injury, great physical pain and suffering, disability, loss of capacity to lead and enjoy a normal life, inconvenience, physical impairment, disfigurement and scarring, mental anguish, loss of or diminution of earnings or earning capacity, loss of consortium, permanent injury, and all past and future medical expenses.

These economic and non-economic damages are awarded to restore the injured party to the condition in which he or she was in before the injury occurred. In proving these damages, the injured party, through their attorney, must prove that they suffer from a legally recognized harm, usually in the form of a physical injury. Knowing the injuries to which you claim, the defense attorney will look for any evidence that may suggest to the jury that you are either not suffering at all or that you do not suffer to the extent to which you advocate, thereby diminishing your damages.

Think Before You Post to Social Media

It may be in your best interest to simply suspend your social media accounts while your personal injury case is pending. If you feel that you absolutely cannot go for several months without engaging in social media, please consider following these guidelines:

• Conversations you had with your attorney
• Information regarding your injuries or treatment
• Problems you are having obtaining treatment or dealing with your claim
• Conversations you had with others about your case
• Specific information regarding fault or the facts of the accident

Since social media can be a double-edged sword, you should consider how a post could potentially affect your claim before posting it to social media. You should also have a conversation with your attorney regarding what is and is not appropriate based on your particular case.

The Risks of Oversharing After an Accident

Even casual updates about your daily routine can be misinterpreted. A photo of you smiling at a family gathering may be used to argue you are not in pain. Even “check-ins” at restaurants or gyms can contradict claims of limited mobility. Oversharing, even if unrelated to your case, creates unnecessary risks.

The Risks of Deleting or “Cleaning Up” Your Social Media

Many people think they can avoid problems by deleting old posts or “cleaning up” their accounts after an accident. This is risky. Once a lawsuit is likely, removing or altering posts can be seen as destroying evidence, which courts call spoliation. Judges may allow the jury to assume the deleted content would have hurt your case, or even issue penalties. Instead of deleting, preserve your accounts as they are and talk to your attorney about the safest approach.

A Simple Message for Friends and Family

Sometimes the biggest risks come from people who mean well. A friend might tag you in a group photo or post a comment about your recovery. Even innocent updates can be twisted against you. Consider sending a simple message: “Please don’t post or tag me in anything about my accident or health until my case is resolved.” This small step can prevent a lot of unnecessary complications.

Should You Speak with an Attorney?

Technology can be a beautiful thing, but using social media during a pending liability claim can backfire on you. Unfortunately, sharing certain information on social media can undermine your case. Finding the right balance is essential if you are going to keep your account.

Call us now at 1-877-241-9554 to learn more about your options. A free consultation is just a phone call away.

Key Takeaways

• What you post on social media can be used against you in your injury case. Even simple photos or check-ins may raise questions about your claims.

• Privacy settings don’t guarantee protection. Friends’ tags, shares, or even a court order can make your posts visible.

• Social media posts can be shown in court, and they might make it look like you’re less hurt than you say.

• Avoid deleting posts or “cleaning up” your account after an accident. It can backfire and hurt your case.

• Ask family and friends not to post or tag you until your case is over. Even harmless posts can cause problems.

• The safest move is to stay off social media until your case is resolved and talk with your lawyer about what’s okay to share.

About The Author

Brent A. Duque

From humble beginnings and son of hard-working immigrant parents, Brent Duque was raised in La Puente, California. After graduating from West Covina High School and Mt. San Antonio College, Mr. Duque went on to graduate from Cal State University Fullerton with a Bachelors degree in Political Science. After obtaining his undergraduate degree, Mr. Duque did his graduate studies in Education and Public Administration at California Polytechnic University Pomona. After working for other firms, Mr. Duque knew that if he opened his own firm, he could provide more aggressive representation, better communication with clients, and secure larger settlements and verdicts for his clients. In 2006, he started his firm and has had a remarkable and successful career that he attributes to his firm’s aggressive and relentless pursuit of justice for his clients. As owner and managing attorney of the firm, Mr. Duque has fought for and secured millions of dollars for his clients.

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