In today’s digital age, social media is part of everyday life. Whether you are posting vacation photos, sharing life updates, or checking in with friends, platforms like Facebook, Instagram, TikTok, and Twitter offer an easy way to stay connected. However, if you are pursuing a personal injury claim in Pennsylvania, what you post online can be used against you in court.
At Gieg & Jancula, we have represented countless clients throughout Altoona and Blair County who were unaware that a single social media post could damage their case. In this article, we’ll explain how social media can hurt your personal injury claim, the legal landscape in Pennsylvania, and what you can do to protect yourself throughout the claims process.
Why Social Media Is Risky During a Personal Injury Claim
Insurance companies and defense attorneys are not just reviewing medical records and police reports. They are also checking your social media accounts. Anything you post publicly may be used to argue that your injuries are not as serious as you claim or that you were not truthful about the details of the accident.
Examples of Harmful Social Media Posts
- Photos or videos showing physical activity after claiming a back or neck injury
- Posts of vacations or events that suggest you are not in pain or distressed
- Status updates or comments that contradict your version of the accident
- Tagging locations that suggest you are more mobile than you indicated
- Friends or family members’ posts that include photos or comments about you
Even if your profile is set to private, screenshots can be taken and posts can be subpoenaed during litigation.
Pennsylvania Law Allows Social Media Posts as Evidence
Pennsylvania courts have consistently ruled that social media posts can be admissible as evidence in civil lawsuits, including personal injury claims. If your online activity contradicts your statements or medical reports, it can significantly weaken your case.
In Largent v. Reed, a Pennsylvania court allowed Facebook content to be discovered because the plaintiff claimed she could no longer use a gym but had posted updates suggesting otherwise. This precedent makes it clear that courts in Pennsylvania view social media posts as fair game if they are relevant to the case.
How Social Media Can Be Used Against You
If you are claiming compensation for pain, suffering, lost wages, or reduced quality of life, the opposing side will look for anything that undermines those claims. Social media gives them an easily accessible source of personal information.
Here are some common ways your social media posts may be used against you:
1. Undermining Your Credibility
If you post pictures smiling and attending events, opposing counsel may argue that you are exaggerating your injuries. Even innocent posts can be taken out of context to paint you as dishonest.
2. Questioning the Severity of Your Injuries
Posting a photo at a family gathering or on a hike, even if you are in pain, can be interpreted as evidence that your injuries are not limiting your daily life.
3. Contradicting Your Testimony
If your sworn statement says you are bedridden, but your Instagram shows you out to dinner, your case may suffer. Inconsistencies, even minor ones, can cast doubt on the entire claim.
4. Challenging Your Emotional Distress Claim
Many personal injury claims include compensation for emotional trauma. If your social media depicts a happy, carefree image, insurers may use this to argue that you are not emotionally affected.
Best Practices: What to Do with Your Social Media Accounts
At Gieg & Jancula, we advise all personal injury clients to be extremely cautious with their online presence. Here are steps you can take to protect your claim:
1. Avoid Posting Anything Related to Your Case
Do not share updates about the accident, your injuries, or your legal claim. Even vague posts can be used against you.
2. Update Your Privacy Settings
Make your profiles private and restrict who can tag you in posts or photos. While this does not guarantee privacy, it adds a layer of protection.
3. Do Not Accept New Friend Requests
Strangers may attempt to follow or friend you in order to gain access to your content. Accepting requests from unknown individuals may give opposing attorneys direct access to your posts.
4. Ask Friends and Family to Avoid Posting About You
Even if you are not active online, someone else tagging you in a post could create problems. Politely ask loved ones not to post photos or updates involving you while your claim is ongoing.
5. Do Not Delete Posts Without Legal Guidance
Deleting content can sometimes be interpreted as destroying evidence. If you have already posted something you are concerned about, consult your attorney before taking any action.
How Gieg & Jancula Can Help Protect Your Rights
As experienced personal injury lawyers in Altoona, PA, we understand the tactics used by insurance companies to deny or reduce valid claims. We work closely with clients to build strong, honest cases and protect them from common pitfalls, including those involving social media.
When you work with Gieg & Jancula, we will:
- Provide clear guidance on how to manage your online presence
- Review and preserve relevant evidence to support your case
- Monitor for attempts by the defense to misuse digital content
- Handle all communications with insurance companies on your behalf
We take your recovery seriously and fight to ensure you receive the full compensation you deserve under Pennsylvania law.
Real-World Scenario: How One Post Can Derail a Case
Consider this example: A woman is rear-ended while stopped at a red light in Altoona and suffers a serious neck injury. She files a personal injury claim seeking damages for chronic pain and loss of enjoyment of life. A few weeks after the accident, she posts a photo smiling at a friend’s wedding. The insurance company’s attorney uses that image to argue that she is not in distress and is engaging in normal activities. The photo alone does not prove she is healed, but it introduces doubt, and that doubt can reduce the settlement amount.
Talk to an Experienced Personal Injury Lawyer in Altoona, PA
If you are pursuing a personal injury claim, protecting your digital footprint is just as important as gathering medical records and police reports. At Gieg & Jancula, we help Pennsylvania injury victims understand their rights and avoid the mistakes that can jeopardize their case.
Our firm offers free consultations and personalized legal support tailored to your specific situation. Whether you were injured in a car accident, slip and fall, or other incident, we are here to guide you through every step of the process.
Call us today at 814-946-1606 or fill out our contact form to schedule your consultation. The sooner you speak with our team, the better we can protect your claim and your future.