In today’s digital-first world, a single post, tweet, or TikTok video can reach thousands—even millions—in a matter of minutes. This lightning-fast sharing of information has transformed how we communicate. Still, it’s also reshaping the legal landscape, especially in personal injury cases.
Social media can be both a minefield and a magnifying glass for individuals involved in a personal injury case. What might feel like a harmless post can suddenly become a powerful tool for the opposing side or even sway a jury before a trial begins.
The Problem: Pretrial Publicity & Jury Bias
The justice system is built on the concept of impartiality. Jurors are expected to decide a case based on the facts and evidence presented in court—not on what they’ve seen online. But that’s becoming increasingly difficult in an era when news articles, viral videos, and social media debates flood the internet within hours of an incident.
High-profile personal injury cases are increasingly vulnerable to pretrial publicity. Graphic crash photos, surveillance footage, emotional updates from victims or families, or even rants from bystanders can quickly shape public opinion—and juror bias. Even well-meaning sympathy from strangers online can taint a juror’s ability to remain objective.
The Plaintiff’s Risk: Surveillance by Insurance Companies
But the spotlight doesn’t just shine on jurors. If you’re a plaintiff in a personal injury case, you must assume your social media is being monitored from day one.
Insurance companies and defense attorneys often conduct extensive social media surveillance. They look for anything that might contradict your claims:
- Photos of you hiking or dancing while claiming chronic pain
- Posts about a “fender bender” that downplay the seriousness of the accident
- Comments that suggest blame or fault, even jokingly
Even if your account is private, privacy rights on social media are extremely limited when it comes to legal discovery. Courts have repeatedly ruled that content shared online, even privately, may be admissible in court if it’s relevant to the case.
How to Protect Yourself While Your Case Is Pending
If you’ve been injured in an accident and are pursuing a personal injury claim, here are four actions you can take to protect yourself:
- Stop Posting Immediately
Any post can be taken out of context. Avoid discussing your accident, injuries, medical appointments, daily activities, or emotional state. - Tighten Privacy Settings
Set all accounts to “private,” but don’t assume this guarantees protection. Screenshots, tagged posts, and old public content can still resurface. - Don’t Delete Past Posts Without Legal Guidance
Deleting content could be seen as destroying evidence. Always consult your attorney before removing anything from your profiles. - Ask Friends & Family Not to Post About You
Even posts you’re not tagged in can be found and used. Politely ask close contacts to refrain from mentioning your condition or posting photos that include you during your recovery. - Tell Your Attorney About Your Online Presence
Being upfront helps your lawyer anticipate potential problems and create a strategy to protect your credibility.
Silence Is a Legal Strategy
In personal injury litigation, silence is not just golden—it’s strategic. In a time when social media content can influence public opinion, impact a jury, or undermine your claim, what you don’t post can be just as powerful as what you do.
If you’re pursuing a personal injury case, your best move is to step back from the screen and let your legal team guide your public narrative. The courtroom—not the comment section—is where your case will be decided.
Need help navigating your personal injury case in today’s digital world?
Reach out to our team today for a confidential consultation. We understand the challenges of high-profile cases—and how to protect your rights in and out of court.
Disclaimer
The content provided is for general information purposes only. Please refer to the disclaimer of Carter Wolden Curtis, LLP for more details.