How Your Social Media Posts Can Destroy Your Personal Injury Case

In today’s digital world, social media is an everyday part of life. Whether it is Facebook, Instagram, X (formerly Twitter), or TikTok, most people share everything—from photos and updates to check-ins and reactions. However, if you are pursuing a personal injury claim, what you post online could be used against you. Social media may feel private or harmless, but in court, it is often treated as public evidence.

Vaughn Wamsley has seen how seemingly innocent posts can derail a strong case. As an experienced injury attorney in Indianapolis, Vaughn A. Wamsley urges injury victims to think carefully before clicking “post.” In this blog, we explain exactly how your social media activity can hurt your personal injury claim—and how to protect yourself.

Why Insurance Companies and Defense Lawyers Monitor Your Social Media

Social media provides insurance adjusters and defense attorneys with a treasure trove of information. They are not just looking for direct admissions of fault or wrongdoing. They are looking for anything that contradicts your statements about your injuries, pain, or the limitations you have reported.

Common tactics include:

• Searching for photos that show physical activity inconsistent with your reported injuries.

• Monitoring check-ins at events, restaurants, gyms, or travel destinations.

• Reviewing posts from friends and family who tag you or mention you by name.

• Seeking signs that you’re enjoying life or minimizing pain.

Even if your privacy settings are strict, you should assume that anything posted online can be discovered. In Indiana, courts may compel injury victims to provide access to certain social media content if it is deemed relevant to the case.

Real-World Example: A Single Post Can Undermine Your Claim

Consider this example: A woman is injured in a rear-end collision and claims severe back and neck pain. She files a personal injury lawsuit seeking compensation for pain and suffering, lost wages, and medical bills. During the litigation process, the insurance defense team finds a photo of her at a family barbecue, smiling and holding her niece. She is not doing anything strenuous, but the image contradicts the image of a woman who is bedridden or incapacitated by pain. Her credibility takes a hit, and her compensation offer is slashed.

It is not fair—but it is common.

What You Should Avoid Posting During a Personal Injury Case

If you are pursuing compensation for injuries in Indiana, here is what not to post on social media:

• Photos of physical activity: Whether you are hiking, dancing, or even helping your child with a school project, these images may be used to suggest your injuries are not serious.

• Event check-ins: Attending a wedding, concert, or party can be twisted into evidence that you are not in as much pain as claimed.

• Comments about the accident: Never admit fault, discuss your injuries, or speculate on what happened.

• Photos of property damage or the accident scene: These can be taken out of context or misinterpreted.

• Posts about your settlement: Discussing the lawsuit or hinting at the value of your claim can lead to legal trouble or even dismissal of your case.

Even sharing memes or jokes about injury, lawsuits, or “faking pain” can come back to haunt you.

The Impact on Credibility and Compensation

In Indiana, personal injury cases hinge heavily on credibility. If your injuries appear inconsistent with your online behavior, the court may question your honesty. A judge or jury could determine that you exaggerated your symptoms or damages. Even worse, they may believe you lied under oath.

This can lead to:

• Reduced settlement offers

• Loss of negotiation leverage

• Jury skepticism during trial

• Complete dismissal of your case in extreme situations

What you post can make or break your claim.

Social Media Surveillance: What the Law Says

Under Indiana law, anything posted publicly on social media may be admissible in court. Even private content can be subpoenaed if it is relevant to the case. Courts have ruled in favor of insurance companies accessing photos, messages, and even deleted posts.

According to Indiana Evidence Rule 401, any evidence that has a tendency to make a fact “more or less probable” is considered relevant. That includes posts that show physical activity, travel, or emotional well-being that contradict a plaintiff’s testimony.

The takeaway? There is no such thing as “off the record” when it comes to digital footprints.

Best Practices: How to Protect Your Personal Injury Case Online

Here are steps you can take to avoid damaging your claim through social media:

• Pause your accounts: Temporarily deactivate Facebook, Instagram, TikTok, or any other platforms while your case is pending.

• Adjust your privacy settings: Set everything to private, but do not assume that makes you safe.

• Avoid posting altogether: Silence is better than damage control.

• Tell friends and family not to tag you or post about you.

• Never accept friend requests from people you do not know. It could be an investigator.

• Avoid deleting past posts: Doing so may be viewed as destroying evidence, especially if your legal team has already begun working on your case.

Also, let your attorney review anything questionable. Vaughn Wamsley advises all clients to assume every post is visible to the other side.

Can Defense Teams Use Old Posts Against You?

Yes. Even posts from before the accident may be brought into court if they are relevant. For example:

• If you claim the accident left you unable to work due to a shoulder injury, but old posts show pre-existing shoulder complaints, the defense will argue the injury was not new.

• If your posts show that you were regularly working two jobs before the crash, and you now claim complete disability, the defense may try to use that against you to argue your loss of income is overstated.

These examples show how old posts can create a complicated digital trail—one that may not reflect your current condition but can still influence your case.

Why You Need an Indianapolis Injury Lawyer Who Understands Digital Evidence

Not every attorney is prepared to defend against social media attacks. At Vaughn Wamsley Law Firm, we not only understand Indiana personal injury law—we also understand how modern evidence like social media can affect the outcome of your case. Attorney Vaughn A. Wamsley has represented countless injury victims in Indianapolis and across the state and has helped clients recover compensation even when insurance companies attempted to twist online content.

Our team helps clients:

• Navigate potential pitfalls with online content

• Prepare for deposition and trial questions related to social media

• Craft strategies to protect credibility and legal standing

• Review digital evidence before it becomes a problem

We are committed to protecting your rights and presenting the strongest possible case—online and in court.

How Insurance Companies Twist the Narrative

Insurance adjusters are trained to save their company money. One way they do this is by cherry-picking details from your digital life to build a counter-narrative. For example:

• A smile in a photo becomes proof that you are not in emotional distress.

• A vacation photo becomes evidence that you are not physically limited.

• A “throwback” post from years ago is misrepresented as recent.

Their goal is not the truth—it is discrediting your case. That is why it is critical to work with an injury attorney who anticipates these tactics and neutralizes them early.

What to Do If You Have Already Posted Something Risky

If you think you have posted something that could hurt your case:

1. Do not delete the post without consulting your attorney.

2. Take screenshots of everything, including dates and captions.

3. Inform your legal team immediately.

4. Avoid making any further public statements online.

5. Let your attorney evaluate the best way to mitigate the impact.

At Vaughn Wamsley Law Firm, we believe that a smart recovery plan can make all the difference—even when missteps happen.

FAQ: Social Media and Injury Claims in Indiana

Can private messages be used in court?

Yes. If they are relevant to your claim, private messages may be subpoenaed and reviewed by opposing counsel.

What if I delete my accounts after filing a claim?
Deleting accounts after litigation begins could be seen as spoliation of evidence, which may lead to sanctions or negative inferences against you.

Should I monitor what my friends post about me?
Absolutely. Ask them not to tag you, post about you, or share any photos or updates that involve you while your case is active.

Can checking in to a hospital or therapy hurt my case?
Not directly, but it still creates a digital trail that may be questioned. For example, the timing of your visits, frequency, or your demeanor in selfies may be scrutinized.

Can I still use social media for other topics, like politics or sports?
Technically yes, but any content that reveals your activity level, emotional state, or whereabouts could be used to paint a misleading picture.