Casey is a founding partner at River Run Law Group. Casey has tried numerous cases across the Commonwealth in both General District Court and Circuit Court. He has earned millions of dollars for his clients through trials, mediations, and settlements.
You post a short update saying, “Finally starting to feel better” after weeks of physical therapy. The insurance company seizes on that single sentence to argue you’ve fully recovered and no longer need compensation for ongoing treatment.
At River Run Law, we help clients navigate the pitfalls of their social media while dealing with a personal injury claim. Insurance adjusters and defense attorneys monitor platforms like Facebook, Instagram, and TikTok for posts they can use to challenge your injuries, treatment, or credibility. Our personal injury attorneys can help ensure that even casual comments are not taken out of context and turned into evidence.
How Social Media Is Used in Virginia Personal Injury Cases
Social media frequently appears as evidence in Virginia injury claims. Insurance companies, defense attorneys, and accident investigators review posts for anything that might challenge your version of events, including:
- Photos,
- Status updates,
- Tagged posts,
- Videos and comments.
In court, social media often falls under federal rules covering electronic information, such as emails or text messages. If a post appears relevant to your case, it can be requested during the discovery process and used as evidence if the judge agrees. For example, opposing counsel could use a hiking photo to question your statements about being unable to walk long distances.
This type of evidence can turn into a social media claim issue, where online activity becomes central to the arguments made by both sides.
The Process of Reviewing Your Social Media
Investigators build a timeline of your activity and compare it to your medical records and testimony. They look for physical activity, social life, or travel changes that suggest improvement or inconsistency with your reported injuries.
Even posts that seem unrelated, like attending a barbecue or volunteering, can be linked to your case if they contradict your claims. Tagged photos and comments from friends can place you at locations or activities you never mentioned, giving the defense another angle to challenge your credibility.
They also monitor your accounts over time, using older and newer posts to argue that your lifestyle has changed less than you allege.
Which Social Media Posts Will Hurt Your Case the Most
Some of the most common posts that can hurt a personal injury claim include:
- Images of physical activity. Working out at the gym, playing sports, or doing yard work can be used as proof that your limitations are less severe than you have described.
- Travel updates. Photos from vacations, airport check-ins, or sightseeing trips may show that you can handle work and daily life demands without the restrictions you have claimed.
- Work-related posts. Announcing a new project, celebrating a promotion, or sharing achievements may suggest your injuries have not affected your career.
- Personal moments. Smiling in photos from weddings, concerts, or family gatherings might be portrayed as evidence that you have recovered emotionally.
Because these posts can be interpreted in ways you never intended, choose carefully what you share while your case is active. The stakes are even higher under Virginia’s pure contributory negligence rule. If a post suggests you shared any fault for the accident, even by 1%, you could lose the right to recover compensation entirely.
What If Your Posts Are Set to Private?
Privacy settings offer limited protection in a personal injury and social media dispute. Anything you share publicly on Facebook, Instagram, TikTok, or other platforms can be collected and used as evidence.
Opposing counsel can request access to your posts during discovery, and a judge may order it if they can show that your online activity is relevant to your injury claims. Defense attorneys often make these requests through motions or subpoenas, and do succeed when the content might reflect your ability to work, enjoy life, or support your version of events.
Even without a court order, your network can weaken privacy. Friends tagging you, posting check-ins, or commenting on your content can make private material visible beyond your intended audience.
Take These Steps Now
Limiting social media use is the safest approach while your case is active. If possible, stop using personal accounts until you resolve your claim.
If staying offline isn’t practical, consider taking the following steps:
- Tighten your privacy settings to the most restrictive levels and review who can see past content;
- Ask friends and family to keep your activities offline so they don’t accidentally tag you in photos or check you into locations; and
- Those who use social media for work should have a trusted person handle essential updates to help them keep their professional presence active.
Remember, do not delete old posts. Removing material after filing a claim can be viewed as destroying evidence.
When Social Media Could Help Your Case
If you are dealing with a personal injury, social media can help your claim in certain instances. Posts that document your injuries or the impact on your daily life may show what you have been through.
Photos of medical equipment, mobility aids, or home modifications can illustrate the extent of your physical limitations. Updates about ongoing treatment or missed events can show how your injuries have disrupted your normal routine.
Share this content only after consulting your attorney, who can determine if it will help your claim or risk benefiting the other side. When used strategically and with legal guidance, social media can provide a record of your recovery process that adds to the evidence in your favor.
Social Media and Personal Injury Claims: Protect Your Case
Your online activity can affect the outcome of a personal injury claim. River Run Law helps Virginia injury victims manage social media while building strong cases for fair compensation.
We know how insurance companies and defense attorneys use online content, and we can guide you on what to avoid posting and how to protect your claim while maintaining personal connections.
Call River Run Law today for a free consultation to discuss your case and how to safeguard it from social media risks.
