Social Media and Personal Injury: How Your Posts Can Affect Your Case (And Why You Might Want to Be Careful)

Social media plays a huge role in how we communicate with friends, family, and the world. These various platforms are an outlet for expression and connection, and you’d be hard-pressed to find someone who doesn’t use at least one of them. In fact, according to recent surveys, over 72% of Americans actively use a social media platform.

Unfortunately, there’s often a disconnect between these virtual platforms and reality—and we’re not just talking about glossy filters and altered dating profiles. Too often, people post without considering the real-life impact of their content. This can have particularly devastating results in personal injury law, where the content you post can significantly undermine the credibility of your case, even if unintentionally.

Here’s what you need to know about how social media can impact your personal injury case in Michigan and how the experienced attorneys at Sommers Schwartz can help ensure you get the compensation you deserve. 

Can Social Media Content Affect My Case?

Most cases that go to court focus on who pays for damages. It’s a responsibility no one wants, one that everyone is trying to avoid, and unfortunately, social media is one of the first places a defense team will look to find contradictory evidence of your condition. Even if you aren’t a chronic over-sharer, there are still many ways they can spin innocent content to make you look bad.

Here are some examples of how social media posts can hurt your case: 

• Evidence for the defense—photos showing you engaging in physical activities, travel, or social events that suggest your injuries aren’t as bad as you claim.
• Inconsistent statements—comments or posts that contradict statements you made in your claim, deposition, or testimony.
• Evidence of pre-existing conditions—content from before your accident that can be used to argue that your injuries were caused earlier.
• Emotional state—posts that show you happy and enjoying life that might be used to minimize claims of pain and suffering.
• Location data—geographic data (or geo data) showing that you traveled or checked in at a location that suggests you aren’t as homebound as you claimed.

Bottom line? Sharing almost anything online is risky. Social media posts are time-stamped and uploaded by you. So, any contradictory information can become a self-incriminating gold mine for a savvy defense team to use against you.

But That Content Is Private!

As anyone who’s ever been burned on social media knows, nothing you post online is truly private. Privacy settings only take you so far, and workarounds are possible (such as accessing material through an approved friend).

In Michigan, social media content is treated like any other type of evidence and is admissible if it meets these standards:

• The evidence is authentic. The defense must show that the digital content is authentic, which means they can prove it came from the source they claim (you) and wasn’t altered.

• The evidence is relevant. The evidence relates to the case. 

• The evidence passes hearsay rules. If the post is from someone other than you, it must pass Michigan hearsay requirements. (Your posts will likely be admitted under “self-admitting,” non-hearsay party admissions.)

Unfortunately, even if you argue that the content was posted on a private account—meant for only a select group of people—that doesn’t make it off limits. Michigan courts have routinely held that private content is admissible when relevant to the case, so carefully choosing what you post is very important.

How To Handle Social Media During Your Case

Not posting on social media is the best course of action if you’re involved in an ongoing personal injury case. However, many people have jobs that depend on connecting and collaborating online. In that situation, you can minimize your risk of personal sabotage by: 

• Avoiding posting any information about your accident, injuries, or case.
• Increasing the privacy settings on all your accounts.
• Considering deactivating your accounts temporarily.
• Asking friends and family not to tag you in any of their content.
• Never accepting a friend request from someone you don’t know.
• Archiving old posts.
• Never deleting existing posts (which could be seen as destroying evidence).

A good rule of thumb is never to post anything online—or allow yourself to be tagged in anything—that you wouldn’t want a judge to see. When in doubt, a qualified personal injury attorney can help guide you through this legal minefield. 

Is Social Media Affecting Your Personal Injury Case?

If you’re worried about how social media content will affect your case, we want to help. Contact Sommers Schwartz for a free consultation and let our team of highly experienced personal injury attorneys help you get the compensation you deserve.