Social media can shape the outcome of litigation in unexpected ways. As a personal injury lawyer can share, public posts are often admissible as evidence and may be used to challenge the credibility of a claimant’s injuries. While plaintiffs may see their content as harmless updates, defense teams frequently examine these details for inconsistencies that support a more favorable outcome for their client.
Posts That Contradict Injury Claims
The most direct way a plaintiff can affect their case is by posting content or making statements online that contradict their claims or cast doubt on the legitimacy of their statements. A photo showing the claimant lifting heavy objects or participating in strenuous activities, for example, can raise questions about the extent of their injuries. Videos, check-ins, or tagged events may also conflict with medical records and testimony, especially when recovery or limited mobility has been emphasized.
Defense teams may also analyze patterns of behavior across several platforms. If a plaintiff claims to have been bedridden for weeks, but their social feed includes multiple outings or social events, that timeline could be scrutinized. The context and consistency of online activity become essential when reconstructing events surrounding the injury. Even casual remarks, such as joking about a minor bump turning into a lawsuit, can be presented as evidence of motive or exaggeration.
Statements That Undermine Pain And Suffering
A personal narrative shared on social platforms may also influence how pain and suffering are perceived. Posts that display a cheerful, active lifestyle could reduce the perceived severity of emotional or physical trauma. Defense attorneys can use these messages to counter the plaintiff’s version of events, particularly in cases where non-economic damages are central.
According to our friends at Law Offices of David A. DiBrigida, even seemingly unrelated content, like vacation photos or celebration announcements, can affect a jury’s interpretation of a claimant’s quality of life post-injury.
The tone of any related posts matters as well. If a plaintiff makes public statements that are meant to attack the defendant, reveals that injuries are less severe than reported, or posts satirical content directly related to the case, that content can influence both the opposing counsel’s strategy and a jury’s emotional response. Juries often consider not just the facts but the perceived character and credibility of each party involved. What a plaintiff puts online becomes part of that public persona.
Privacy Settings Offer Limited Protection
Oftentimes, a plaintiff will assume that by marking posts or their entire account as “private”, their statements or content aren’t going to be used against them. Unfortunately for them, there are ways around this, and their content can still be fair game, despite measures they might’ve taken. Defense teams often request access through formal discovery, and courts may compel disclosure if the content is deemed material to the case.
Courts have also held that deleting or altering posts after litigation begins can result in sanctions. Preservation of digital evidence is taken seriously, and both sides are expected to retain potentially relevant material. Personal injury defense attorneys often advise their clients not only to examine a plaintiff’s posts but to document and preserve them early in the process. Timely capture of social media content can prevent claims of spoliation or manipulation.
In rare instances, defense teams have hired forensic analysts to recover deleted content or trace indirect communications through shared photos and group activity. This level of scrutiny isn’t applied in every case, but in high-value claims, it’s not uncommon. If you or a loved one has been involved in a personal injury incident, talk to a local lawyer about your case today.