The Role of Social Media in Personal Injury Claims: What You Need to Know
If you’re involved in a personal injury case—or any civil matter for that matter—your social media posts can and will be used against you. Period.
And no, it doesn’t matter if your profile is private. No, it doesn’t matter if the post wasn’t about the accident. If defense attorneys or insurance companies catch wind of something that even looks like it contradicts your injury, your pain, or your story, they’re going to twist it, screenshot it, and wave it around like it’s gospel.
So let’s talk about it. This isn’t fear-mongering. This is real. I’ve seen it happen.
Here’s how your posts can come back to haunt you:
You post a photo smiling at a party, but you’re claiming emotional distress.
You tag yourself at a beach, but your claim says you’ve been bedridden from the injury.
You post gym selfies from before your accident, and the defense argues that they were taken after to undermine your claim.
Your friends tag you in something completely unrelated—but the defense spins it to show you’re more mobile or social than you claimed.
And yes, these are admissible in court under certain circumstances. California courts have ruled that private posts can be discoverable if they’re relevant to the issues in the case. So if your emotional or physical condition is on the table (which it always is in injury cases), your digital trail becomes fair game.
So what can you do to protect yourself—legally and ethically?
Stop posting. Just stop. You don’t need to announce your recovery, your dinners, your vacations, or your workouts to the world while you’re in litigation. The best way to keep things from being taken out of context is not to post them in the first place.
Tighten up your privacy settings. Make everything private. Limit who can tag you. Limit who can see your past posts. But don’t rely on this alone. “Private” is not the same as “safe.”
Ask your friends and family not to post about you. No tags, no stories, no casual references to how you’re “doing better.” Defense firms look at everything. If your friend posts “Glad you’re back on your feet!”—guess what that sounds like?
Do not delete anything. This is important. Don’t scrub your posts after the fact. That could be seen as destroying evidence, and it’s not just a bad look—it could actually hurt your case. Judges don’t take kindly to that.
Tell your lawyer what’s out there. I’d rather hear it from you now than be blindsided by the other side during depositions or trial. If there’s a post you’re worried about, let’s talk about it early.
Remember that screenshots are forever. Even if you delete something, it might already be saved or archived. Always assume the defense has access to more than you think they do.
This isn’t about hiding the truth—it’s about not handing the defense a weapon to use against you. You’re not being dishonest by laying low online. You’re being smart.
I’ve had clients lose leverage over a post that had nothing to do with the case—just a picture taken out of context, used to cast doubt on their pain or recovery. And in civil litigation, perception can carry just as much weight as proof.
So if you’re involved in a case or even think you might be—log out, lock down, and let your legal team do the talking.
If you have questions about whether your online presence could hurt your case, call me. I’ll give it to you straight. I’d rather have the conversation now than try to clean up the mess later.
Hani A. Habbas is a civil rights and personal injury attorney licensed in California and Washington, D.C. He leads HH Law Firm, APLC, and doesn’t play around when it comes to protecting his clients and their cases. Contact him at hani@hhlawfirm.law or (949) 617-5901.
If you're pursuing a personal injury claim in California, it's essential to understand how your social media activity can affect your case. Posts, photos, and even comments can be used as evidence by defense attorneys to challenge the severity of your injuries or the credibility of your claims. At HH Law Firm, we advise our clients to exercise caution on social media platforms during ongoing litigation. Our experienced personal injury attorneys are committed to guiding you through the legal process, ensuring that your online presence doesn't compromise your right to fair compensation.
This article addresses common concerns, including:
How can social media posts be used against me in a personal injury lawsuit?
Are private social media profiles safe from legal scrutiny during a case?
What types of social media activity should I avoid while pursuing a claim?
Can friends' posts or tags impact my personal injury case?
What steps can I take to protect my personal injury claim from social media pitfalls?
Why is it important to consult with a personal injury attorney about my online activity?