Are Your Rights to Compensation Protected?
In today’s digital age, most people spend a good portion of their time online. Whether you are checking in on your friends or posting a vacation pic, chances may be sharing more than you realize. Your social media activity can prove to be a problem for personal injury claimants, particularly when insurance companies are watching—and they ARE watching.
At first glance, social media may seem the least of your worries when you are recovering from your injuries and dealing with medical care, lost wages, and pain. What you post or when others tag you could be twisted to dispute a valid injury claim, reduce your settlement, or deny it outright.
Big Brother as Insurance Adjusters
Although this may seem paranoid, it is a fact to be alert to. Insurance companies comb through the social media pages of claimants, searching for evidence that contradicts the claim. If you are pursuing compensation for serious injuries that prevent you from working or sleeping, yet you post an image where you are enjoying a backyard barbecue, it can be used against you.
We have seen the consequences more than once. When an injured client innocently posts a smiling photo with friends, insurance adjusters argue that a claimant well enough to socialize is well enough to work. It will not matter to them whether the photo was staged or was a rare moment during a difficult recovery. In the eyes of insurance companies, perception is reality, and they will use every post to paint a narrative that benefits their bottom line.
Your Digital Trail
Setting a social media account to private does not mean you are invisible. Friends and family may tag you in photos. Locations can be added automatically. Posts from years past could resurface and be taken out of context.
To make matters worse, insurers may legally request access to your private social media accounts during the discovery process in a lawsuit. Under Rule 192.3 of the Texas Rules of Civil Procedure, a party to a lawsuit, whether claimant or defendant, may obtain discovery on any matter relevant to the action that is not privileged. Social media posts relevant to your physical condition, mental state, or damages claimed may be discoverable.
The bottom line is this: once you are injured and a claim is filed, assume that anything you post or have ever posted is fair game. This may seem invasive, but insurance companies play hardball, and you need to do the same.
What Insurance Companies Are Looking For
When you file a personal injury claim, insurance adjusters will dig through your online life, looking for any of the following:
- Photos or videos showing physical activity: If you claim a back injury but post a video of yourself dancing at a wedding, it is a red flag, even if you were hurting after the dancing.
- Check-ins or location tags: Checking in at a gym or hiking trail while pursuing damages for a leg injury is a classic trap.
- Comments from friends: In some cases, it is not what you say but what others say about you. A comment that a friend was surprised you made it out after your car accident could be twisted to mean you were not suffering an injury.
- Posts contradictory to your timeline: If you claim you were bedridden for weeks but your accounts say otherwise, it will be used against you.
- Upbeat, happy posts: Any expression of positivity during a difficult time can be used to dispute claims of emotional stress, believe it or not.
How to Protect Your Claim
Now that we have explained the problem, we can discuss the solution. If you are pursuing a personal injury claim in Texas, take these steps to avoid sabotaging your claim through social media:
Go Dark Temporarily
The safest move is to stay off social media entirely while your case is active. You do not owe anyone an explanation. Simply log off.
Ask Family and Friends Not to Tag You
A status update or a good-natured tag in a photo can become Exhibit A for the defense. Ask your friends and family members not to post with you, about you, or around you--online or otherwise.
Review Privacy Settings But Do Not Rely on Them
Although it is important to tighten your privacy settings, even private posts can be subpoenaed by the opposition. Courts may allow insurance defense teams to access them if there is a reasonable basis to believe the data may contradict your claim.
Do Not Delete Posts Without Speaking to Your Attorney
After you file an injury claim, deleting or scrubbing your profiles can appear as though you are trying to hide something. That could backfire and hurt your case. Speak with your lawyer before making any significant changes to your online presence.
Think Before You Post Anything
Even vague or unrelated posts can be twisted and used against you. For example, a meme about calling in sick to avoid people could be interpreted as malingering. A selfie captioned “Feeling good today!” could be used as evidence against claims of chronic pain or depression.
Your Case Is Worth Protecting
A personal injury claim in Texas is a battle for your health, dignity, and future. Do not let a careless post become ammunition for the other side. Insurance companies have deep pockets, sophisticated investigators, and legal teams with the sole job of picking apart your story. Social media is a goldmine for them, but you can take control if you are smart about what you share—or do not share at all.
Your online life should not define a real-world injury. If you have been injured due to someone else’s negligence, you deserve compensation based on the facts. Our Texas personal injury attorneys at DJC Law are ready to go to work for you. We are committed to helping real people every day. Contact us at (888) 853-8169.
