Most American adults have at least one social media account that they use on a regular basis (Pew Research Center). Social media can be a great way to connect with friends and family. At the same time, if you are going through a personal injury claim, it is best to stay off social media. Sharing any details about your accident or your injuries could undermine your claim.
Here, our Rockford personal injury attorney explains how social media posts could damage your personal injury case.
Social Media Posts Can Be Admissible Evidence (Even if They are Private)
What you post on social media matters. In civil personal injury cases in Illinois, courts can admit social media posts as evidence even when the account is private. Indeed, privacy settings do not create legal protection because anything shared with others can be obtained through discovery.
Judges allow this material when it helps establish credibility, activity levels, or statements related to the accident. Defense attorneys may seek screenshots, metadata, and full message histories.
How Social Media Undercuts Your Credibility in an Illinois Injury Claim
Credibility drives personal injury cases. It is a huge issue. In evaluating a personal injury case, courts look for consistency between what you say and what the evidence shows. Social media creates a public trail that the defense can mine for potential contradictions.
In fact, a single post can create doubt. A smiling photo, a check-in at a restaurant, or even a seemingly harmless joke can be twisted into an argument that you exaggerated your pain. Even posts that never mention the accident can hurt you. They show activity levels, travel, social events, or movements that the defense may claim conflict with your reported limitations.
Insurance Companies May Try to Use Your Online Activity Against You
Defendants and insurers often try to monitor social media because it gives them unrestricted content without discovery fights. They capture screenshots, timestamps, and comment threads. They use your posts to question causation, injury severity, and the impact on daily life.
A defendant may argue that your recovery is faster than you claim because you posted a picture at a family gathering. They may point to workout photos, lifting objects, or weekend activities and treat them as evidence that contradicts your medical restrictions.
Key Legal Point: Illinois law does not protect public posts. Courts treat them as fair game. Insurance adjusters search your accounts before they ever speak to your lawyer. Even deleted posts can reappear if someone else saved them.
Best Practice: Stay off Social Media Until Your Case is Resolved
Social media posts can hurt your personal injury claim. They cannot really “help” it. With that in mind, it is generally best practice to avoid social media until your case is fully resolved.
Contact Our Rockford Personal Injury Lawyer Today
At Tuite Law, our Rockford personal injury attorney is an aggressive, experienced, and solutions-focused advocate for justice. If you have any questions about your case, please contact us today at (815) 965-5777 to set up your free consultation. From our Rockford office, we handle personal injury cases throughout the entire region.
