How Social Media Can Affect Your Personal Injury Case

The things you post can and will be used against you at trial—if not sooner. Think of it like a classic TV crime drama: the courtroom lights are dimmed, the defense attorney strolls in confidently, and suddenly—bam!—a Facebook post or Instagram story is projected on the big screen for the whole jury to see. Just like an unexpected twist from your favorite episode, your social media content becomes Exhibit A.

In today’s digital age, social media is more than a fun way to stay connected—it can be used to undermine your personal injury case. Insurance companies and defense attorneys are like those detectives from your favorite TV shows, digging through your social media feed to find anything that could weaken your credibility. Understanding how social media can affect your case is crucial to making sure the plot twist doesn’t ruin your chance for a fair outcome.

As a top-rated Illinois personal injury law firm with offices in Naperville and St. Charles, we’ve seen firsthand how social media can be used against plaintiffs. Our experienced Illinois accident attorneys are here to help you navigate the legal process so that your case doesn’t end in an unexpected courtroom “gotcha” moment.

Naperville Car Accident Attorneys Explain How Social Media Will Hurt Your Personal Injury Case

In the same way that characters in TV shows are often caught off guard by surprise evidence, many people don’t realize how their everyday social media use can come back to be used against them in the courtroom. Social media posts, even if you think they’re private, are never truly off-limits. Imagine the defense attorney walking up to the screen, zooming in on your Instagram post from two weeks ago, and saying, “Isn’t that you dancing at a wedding? I thought you couldn’t stand for long periods.” Cue dramatic music!

The average person in their 30s posts regularly to social media—research shows that about 86% of millennials use social media daily. According to the Pew Research Center, YouTube, Facebook, Instagram, TikTok, LinkedIn, Twitter (x), and BeReal are the most widely used social media apps. While sharing fun moments with your friends seems harmless, your posts can easily be taken out of context and used as evidence to question your personal injury claim.

“Just as we commonly advise clients not to speak with anyone about their case, it’s doubly important not to publish unnecessary information about your life or daily activities online. Assume the jury is reading your profile or story if you choose to post something. Social media can easily support the defense’s narrative that you were not as injured or affected as claimed, which can seriously undercut your case.” — Illinois personal injury attorney, John J. Malm

How Social Media Can Be Used Against You: Fictional Trial Q&A Example

Picture this: You’ve filed a personal injury lawsuit after a car accident, and you’re in the middle of the courtroom, ready to tell your story. Suddenly, the defense attorney pulls out a “smoking gun”—a video reel you posted on Instagram just two weeks after the accident, showing you dancing at your cousin’s wedding. Now you’re in the hot seat, and the cross-examination begins:

Defense Attorney:
“Ms. Taylor, you testified earlier that due to the injuries from the car accident, you were unable to walk or stand for long periods, correct?”

Plaintiff:
“Yes, that’s right.”

Defense Attorney:
“And you stated that your injuries were so severe that they prevented you from attending any social or family events, didn’t you?”

Plaintiff:
“Yes, I was in too much pain.”

Defense Attorney:
(pulls up an Instagram video on the big screen)
“Ms. Taylor, this is a video you posted on Instagram just two weeks after the accident. Is that correct?”

Plaintiff:
(nervously) “Yes, but that was my cousin’s wedding…”

Defense Attorney:
(plays the video, showing the plaintiff dancing at the wedding reception)
“In this video, you’re seen dancing with friends at the wedding, correct?”

Plaintiff:
“Yes, but I didn’t dance the whole time.”

Defense Attorney:
“But your caption reads, ‘Dancing the night away at my cousin’s wedding! 💃🍾’ Does that sound like someone who can’t stand for long periods or attend events?”

Plaintiff:
(visibly uncomfortable) “I just wanted to be there for my cousin. I wasn’t dancing for long.”

Defense Attorney:
“But you didn’t mention that when you posted this video to your Instagram, did you? And here you are, dancing without any apparent difficulty just two weeks after the accident.”

Plaintiff:
“I was in pain later…”

Defense Attorney:
“Thank you, Ms. Taylor. No further questions.”

Sound familiar? It’s the courtroom twist where seemingly innocent social media posts turn the case upside down. Even a fun wedding moment becomes the defense’s way of making your claim seem exaggerated or unreliable. Just like in a TV courtroom showdown, the jury’s perception of your injury is now in question.

The Impact of Social Media on Your Personal Injury Case

The moral of the story? Social media posts can be misunderstood or taken out of context. You might think you’re just sharing fun moments, but to a defense attorney, those posts could raise doubts about the severity of your injuries.

Insurance companies and defense attorneys routinely monitor social media profiles, even if your settings are private. Even with the tightest privacy controls, nothing is ever completely off-limits. Defense teams will go to great lengths to find any post that helps their narrative.

Recent Cases in Illinois Suggest that Courts Will Allow the Jury to View Evidence from a Plaintiff’s Social Media Accounts at Trial if it is Relevant to the Amount of Damages Claimed

One recent case by another firm, White v. Chicago Transit Authority (2019 L 2083), highlights the potential consequences when courts refuse to admit such evidence at trial. In this case, a jury awarded $2.8 million in damages, including over $2.3 million for the plaintiff’s loss of normal life and pain and suffering. However, the court vacated the verdict after initially refusing to allow the defense to introduce social media evidence showing the plaintiff’s extensive vacationing and active lifestyle.

The defense argued that, among other things, these social media posts were crucial to demonstrating that the plaintiff’s limitations from pain and suffering were overstated. The defense asserted that court’s refusal to admit this evidence led to a significant error, prompting the court to vacate the verdict and order a new trial. In the defendant’s post-trial motion, they stated that “the jury’s award of $2.8 million in damages, including more than $2.3 million for loss of normal life and pain and suffering, does not bear a reasonable relationship to the evidence presented at trial. Indeed, given the evidence of Plaintiff’s extensive travels and activities, such an award truly shocks the conscience, and can only be explained by passion and prejudice.”

This case underscores why plaintiffs should be mindful of their social media activity if they intend to pursue a legal case. Social media evidence can play a significant role in challenging claims, and what is posted online may ultimately impact the outcome of a trial.

Best Practices for Social Media Use During a Personal Injury Case

If you’re involved in a personal injury lawsuit, it’s important to think like a TV lawyer—be strategic. Here’s how you can protect your case:

1. Limit or Suspend Social Media Activity

Just like a savvy character who knows how to avoid trouble, your best move is to stop posting on social media entirely during your case. The American Bar Association advises against posting certain details about your life on social media.

2. Adjust Your Privacy Settings

Even though privacy settings won’t make you invisible to the defense, they can limit who sees your updates. Only allow trusted friends and family to see your content.

3. Don’t Post About Your Case

It might seem like something your favorite character would do—venting about the case on social media—but resist the urge. Anything you post about your injuries or the accident can be used to undermine your claim.

4. Warn Friends and Family

Like the friends who always tag you in pictures without asking, friends and family might not realize their posts could hurt your case. Tell them to avoid tagging or posting anything about you until the case is over.

Protect Your Personal Injury Claim with a Top-Rated Illinois Law Firm

At John J. Malm & Associates, we’ve seen how social media can flip the script on personal injury cases. Our experienced Illinois personal injury attorneys know how to avoid the pitfalls that come with social media posts and protect your rights. Led by attorney John J. Malm’s 30 years of experience as a trial lawyer, we’ll help you ensure your case doesn’t end in a courtroom “gotcha” moment. With offices in Naperville and St. Charles, we offer personalized, strategic legal counsel to each of our clients.

If you’re involved in a personal injury case, or just want to make sure your case isn’t derailed by social media, contact our firm today. We’ll help you navigate the legal process so that there are no unexpected twists in your courtroom drama.