How Social Media Can Hurt Your Personal Injury Claim In New Jersey

In this article, you can discover…

• Why insurance companies monitor your social media accounts after an accident claim.
• The types of posts that can most commonly harm or undermine your claim.
• If it is ever safe to post on social media after an accident claim is filed.

Why Do Insurance Companies And Defense Attorneys Closely Monitor Accident Victims’ Social Media?

We’ve all seen examples on television where investigators follow people claiming injuries to see if they’re really hurt. These days, insurance companies often don’t even need private investigators because social media gives them easy access to a person’s day-to-day activities. When someone posts pictures of themselves at the gym, traveling, or doing something physically demanding while claiming to be injured, it raises red flags.

The goal of the insurance company is simple: to challenge the severity of the injury and undermine the plaintiff’s credibility. They want to portray the injured person as dishonest or exaggerating their condition in front of a judge or jury.

Even seemingly harmless posts can be taken out of context and used to suggest that you’re not as hurt as you claim to be. For that reason, I always advise my clients to stay off of social media entirely while their case is pending.

What Types Of Posts Most Commonly Harm Or Undermine Personal Injury Claims?

The most damaging posts are the obvious ones, so photos or videos showing physical activity that contradicts the type of physical injury you’re claiming exists.

For example, if someone is alleging a severe back injury, but posts a video of themselves lifting weights or playing sports, it immediately hurts their credibility. Even something like a check-in at the gym or a picture from a hike can raise questions about how serious your injuries really are.

Comments may also create problems. Saying things like “I’m feeling great!” or “Finally back to normal!” may seem innocent enough, but they can be used by insurance companies to argue that your pain and suffering are not as significant as you claimed. The safest approach is to avoid posting anything at all until your claim is resolved.

Attorney Edward Blinder is a trusted New Jersey personal injury lawyer who has spent over a decade guiding personal injury victims through the legal process. He understands how insurance companies use every detail to challenge a claim, and will help you avoid costly mistakes that could jeopardize your case.

Still have questions? Ready to get started? Contact the Law Firm of Edward Blinder, PLLC today to schedule an initial consultation.

Is It Ever Safe To Post Or Comment About My Accident Or Injuries On Social Media?

I would generally say no, it is never a good idea to post or comment about your accident or injuries on social media. You should save those conversations for trusted people in your private life, like a spouse or sibling, rather than putting them online for anyone to see.

You should also never discuss legal strategy, settlement amounts, or anything related to your case online. There are honestly very few situations where posting about your accident would help. Silence on social media is the safest route by far.

Can Private Or Deleted Social Media Posts Still Be Discovered During A Legal Investigation?

Absolutely, which is why it’s so important to stay offline while your case is pending.

Everything from standard posts to private messages can be subpoenaed. I have seen courts compel attorneys to produce private messages, deleted posts, and even entire account histories.

Not only can this information come out in court, but if you try to delete something, it may look like you are purposely trying to destroy evidence. That can hurt your credibility and could even result in court sanctions.

As previously stated, the safest approach is to stay off social media entirely when you have a personal injury claim.

What’s The Most Surprising Way You’ve Seen Social Media Used Against An Injury Claim?

One of the most surprising situations I’ve seen with social media used against an injury claim involved a client who went on vacation. She wasn’t doing anything particularly physically demanding, yet the insurance adjuster tried to use her vacation photos to question the seriousness of her injuries. They argued that if she was able to travel, she must not be as injured as she claimed to be.

I found that approach strange and irrelevant to the facts of the case, but it was considered as evidence. It’s a good example of how even ordinary, innocent posts can be twisted to cast doubt on a legitimate claim.

If you’ve been injured and are looking to file a personal injury claim, it’s imperative that you stay off social media.

Still Have Questions? Ready To Get Started?

For more information on social media and personal injury claims in NJ, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (848) 201-3667 today.