How Social Media Activity Can Impact Your Florida Personal Injury Case

In the aftermath of an accident, your instinct might be to update friends and family through social media. Platforms like Facebook, Instagram, and TikTok are commonly used to share life updates, and it may feel natural to post about your injuries, frustrations with insurance companies, or progress in recovery. However, in the context of a Florida personal injury case, even seemingly harmless posts can have serious consequences.

Insurance companies and defense attorneys actively monitor social media for evidence to discredit your claim or reduce compensation. Understanding how social media activity can impact your case is essential to protecting your rights and your recovery.

Social Media as Evidence in Florida Courts

In Florida, like most jurisdictions, social media content can be considered discoverable evidence in civil lawsuits. This includes public posts, photos, videos, comments, tagged content, and even private messages under certain conditions. If you’ve filed a personal injury lawsuit, the opposing party has the right to request access to any online activity that might be relevant to your injury, pain and suffering, or damages claimed.

Courts have repeatedly ruled that there is no reasonable expectation of privacy on social media, especially if your profiles are public. Even private accounts can be subject to discovery if the defense can show a legitimate reason to believe your posts contradict your claims. For example, if you allege chronic back pain but post videos of yourself dancing at a party or hiking, those posts may be used to suggest that your injuries are exaggerated or fabricated.

Common Pitfalls That Undermine Injury Claims

There are several ways social media can unintentionally damage your personal injury case. First, posting updates about your recovery, such as “Feeling better today!” can be taken out of context and used to suggest that your injuries are not as severe as claimed. Even a simple photo of you smiling with friends may be misinterpreted by a jury or insurance adjuster as evidence that you’re not truly suffering.

Tagged photos can also be problematic. You may not even post content yourself, but if a friend tags you in an image that shows you being active or engaging in behavior inconsistent with your reported limitations, that content can still be introduced as evidence. Moreover, checking in at locations such as gyms, sporting events, or vacation spots can create the impression that your injuries haven’t impacted your lifestyle.

Comments and reactions to others’ posts may also reveal inconsistencies in your story. Venting frustrations, joking about your accident, or downplaying your injury to reassure friends can all backfire during litigation. Defense attorneys are adept at using even casual or offhand remarks to suggest dishonesty or exaggeration.

Florida’s Comparative Negligence and the Power of Perception

Florida follows a modified comparative negligence system under Florida Statute § 768.81, which means your compensation can be reduced by your percentage of fault in the accident, and eliminated altogether if you are found more than 50% liable for the accident. If social media activity suggests you were partly responsible for the incident, for example, a photo of you drinking shortly before a car crash, that evidence could be used to shift more blame onto you and reduce your recovery.

Even if your posts do not directly relate to the accident, the defense may use them to undermine your credibility. Personal injury cases are often decided by juries, and perception matters. If jurors see you posting lighthearted content or engaging in active pastimes, they may be less sympathetic, even if the content doesn’t directly contradict your injuries.

Legal Advice for Protecting Your Case

If you’ve been injured and are pursuing a personal injury claim in Florida, it is wise to take proactive steps to manage your online presence. First and foremost, avoid posting about the accident or your injuries at all. Refrain from sharing photos, updates, or any commentary that could be misinterpreted or used out of context.

Adjust your privacy settings to restrict access to your posts, but don’t assume that makes your content immune to discovery. It’s also a good idea to ask friends and family not to tag you in photos or mention your activities online. Never delete existing posts after filing a claim, as this can be seen as destroying evidence and may harm your credibility in court.

Discuss your social media use with your West Palm Beach personal injury attorney. At Smith, Ball, Báez & Prather, we advise our clients on all aspects of protecting their case, including the use of digital platforms. We understand the tactics insurance companies use and how to shield your claim from being undermined by online activity.

Contact Smith, Ball, Báez & Prather

Your online activity can have a powerful effect on your personal injury case, often in ways you might not anticipate. Don’t let a social media post jeopardize your right to full and fair compensation. If you’ve been injured in Florida, let the experienced team at Smith, Ball, Báez & Prather help you navigate the legal process while protecting your rights at every step. Contact us today for a free consultation and learn how we can fight for the justice you deserve.

Sources:

floridabar.org/the-florida-bar-journal/a-prolific-landscape-the-admissibility-of-social-media-postings

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html