Does Using Social Media Affect My Personal Injury Case?

May 4, 2020 | Ed Bernstein
Does Using Social Media Affect My Personal Injury Case? Winning a personal injury case depends on all potential evidence available. It is best to avoid anything that might potentially harm your case. One thing that has become a common concern in recent years is whether or not social media can affect a personal injury case. The truth is that it might! At the very least, it is something that you will want to be aware of. Let’s take a look at the do’s and don’ts of social media usage in more detail so you can ensure you are not getting in the way of your own case.

The Risk Of Misinterpretation

It is always important to remember that a social media account can be used as evidence in the same way that all documents can. If you are making a personal injury claim, your social media activity can be used as evidence! Be conscious of how you use social media websites and what you say, post and re-share when you are on them. One major concern is that you run the risk of having your posts be misinterpreted. Just as anything you say verbally or in text can be misinterpreted, so too can anything you say online. In fact, in many cases it is easier to be misinterpreted in online settings and that could be enough to completely destroy your case. Even an innocuous statement or a joke could be used against you to tremendous effect.

Downplaying Injuries

If you are involved in a personal injury case, it is important that you make sure you are keeping any evidence of your injury to demonstrate its veracity. That means taking photographs and keeping all related documents from this time, like medical records. Social media can affect your chances here if you are not careful. It is one of the main concerns that many lawyers have when they are trying to help their clients with personal injury claims. Let’s say that you have suffered from a bad injury, but when you started to recover from it you posted a photo showing that you were feeling better. While that might make great social media content, it could easily be used by the defendant to prove that you were not so badly injured at all. They can also misconstrue the situation, falsely claiming that your injury did not stop you from engaging in life in your normal way.

The Dangers Of Geotagging

There are many ways in which it can be dangerous to geotag your posts. Not only are you giving up your privacy, geotagging can also easily work against you when you are involved in a personal injury case. Having your location visible to the public on social media might be used against you to make the case that you were not present where and when the injury occurred as you reported it happened - even if you really were

Too Much Detail

There is such a thing as saying too much in a personal injury case. If you are not careful even with the best of evidence, you could lose your case. While you are in the middle of a case you should resist the urge to go online and vent to others about what is going on in the case. This is generally a bad practice, as anything you say publicly on social media could be used as information that your opponent could use against you. This kind of detail is sometimes all that is necessary in order to ensure you lose the case, don’t let frustration get the best of you and compromise your case. 

Public Record

The main point is that anything you post online or on social media is a matter of public record. As such, it can all be used in a court of law and could harm your personal injury case. Take special care to use social media in a sensible and responsible way. If you need further advice from a professional who knows what they are doing and has experience winning these types of lawsuits, get in touch with the law firm of Edward M. Bernstein & Associates in Las Vegas today for your free consultation by calling 702-240-0000.


Ed Bernstein

Edward M. Bernstein, Esq. is the owner and founding partner of Edward M. Bernstein & Associates, and one of the most recognizable figures in Nevada. Ed is one of state’s premier personal injury attorneys and has hosted The Ed Bernstein Show for over 31 years. He has served the Las Vegas community for decades with dozens of community appointments and terms of service. In the year 2000, he was Nevada’s Democratic nominee for the United States Senate.

Ed received his B.A. from Long Island University in 1971 and his J.D. from Widener University in 1975. Since then, Ed’s professional accolades include numerous publications, honors and awards, court appointments, and has been named one of America’s Top 100 High Stakes Litigators.