Attorney at Graves McLain Injury Lawyers
Practice Areas: Wrongful Death, Medical Malpractice, Bad Faith Insurance, Car Accidents, T-Bone Tractor-Trailer Accidents, Dangerous Drugs
Social media is a part of everyday life. Whether it’s sharing a photo, posting an update, or just checking in, most people don’t think twice before tapping “Post.” But if you’re involved in a personal injury case, what you share online can become more than just a status update—it can be used against you.
Even if your account is private, your posts can still find their way into the courtroom. Insurance companies, defense attorneys, and even investigators may look at your social media activity to find reasons to reduce or deny your compensation. In this blog, we’ll walk through how your posts can affect your personal injury case, what the courts allow, and what you can do to protect yourself online while your case is ongoing.
After an accident, insurance companies often turn to your social media to find signs that your injuries may not be as severe as claimed. Adjusters and defense attorneys look for inconsistencies—and may even hire investigators to access private content.
Defense attorneys and insurance adjusters routinely monitor social media platforms to look for posts or photos that contradict injury claims.
Even a vacation photo or a post showing physical activity can be used to challenge your case, whether it tells” the whole story or not.
Your social media tells a story—and during a personal injury,” It’s that story that matters. If your posts don’t align with your medical claims, it could hurt your credibility. A picture of you doing yard work or going on vacation may suggest your injuries aren’t as severe as claimed.
Even older posts or tags from friends saying things like “Glad to see you back on your feet can raise red flags.
Photos or check-ins showing you participating in physical activities—like playing sports or going on vacation—can seriously damage your credibility in court.
Even if your profile is set to private, that doesn’t mean your posts are off-limits. In Oklahoma, courts can or aren’t required to access private social media content if it’s relevant during discovery—the phase” where both sides exchange case information.
A single post” like a photo of you walking unaided while claiming limited mobility, can raise doubts about your injuries. Even deleted content isn’t necessarily gone. If t” e court suspects it was removed to hide something, it may still be retrieved and useddoesn’t private social media profiles may be subject to subpoena during Oklahoma civil discovery if deemed relevit’sto the claim.”
Deleting or deactivating social media accounts may be viewed as spoliation and could harm your case.
During a personal injury case, it’s smart to limit or pause your social media use. This helps prevent posts from being taken out of context. If you stay active online, set your privacy to the highest level and avoid accepting new requests. Don’t post about your injuries or case, and ask friends not to tag or m” n “ion you.
Ask friends/family not to tag or post about you. Their posts can be as harmful as your own.” Ask them to avoid tagging or posting until your case is resolved.
Here’s a quick look at common risks and how to handle them:
Practice or Post | Risk to Your Case | Recommended Action |
Posting activity (sports, travel, etc.) | Contradicts claimed injury severity | Avoid entirely during case |
Private posts with tags from others | May still be discoverable | Ask for tags, set highest privacy |
Deleting relevant posts | May be seen as concealment (spoliation) | Leave posts; review with attorney |
Accepting unknown friend requests | May give defense access to private posts | Decline or block unknown requests |
Sharing injury or recovery details | Public statements used against you | Don’t post case-related content |
Not all social media content is harmful. In some cases, posts from before your injury that show you were active and in good health help prove the impact of the accident. For instance, if you have videos showing you jogging every morning before the crash, and now you can no longer do that, it can support your claim—if handled properly and used with context.
Still, this strategy should only be used with your attorney’s guidance. Trying to use posts without legal review selectively can backfire if something is misunderstood or opens the door to more damaging content.
In Oklahoma, courts allow social media content to be requested and used in personal injury claims. This means that anything relevant to your injuries, lifestyle, or credibility cannot be reviewed during the legal process.
Graves McLain Injury Lawyers understands the role social media can play in your case. Our team prepares every case as if it’s going to trial. That includes advising clients on how to protect their digital footprint and avoid mistakes that could weaken their claims. We work to preserve your credibility and help ensure that your words—online and offline—don’t come back to hurt you later.
Yes. Courts can issue subpoenas during discovery to receive private or even deleted content if it’s considered relevant.
the injury may help show a change in your health—but must clearly pre-date the accident to avoid confusion.
Absolutely. Their posts can be as harmful as your own; ask them to avoid tagging or posting until your case is resolved.
No. Deleting information can be seen as destroying evidence (spoliation), which might damage your case.
A total pause is safest. If posting, keep accounts private and avoid activity that could be interpreted as dictating your injuries.
We guide clients through every step, offering advice on handling online presence, preparing for discovery, and reducing risks—without making promises about outcomes.
Social media can feel like a casual space to share your thoughts, but during a personal injury case, every post can be scrutinized. Insurance companies and defense attorneys are always looking for ways to challenge your claim—and your social media feed can give them ammunition.
By limiting your online activity and avoiding case-related posts, you can help protect your case from being undermined. Additionally, working directly with an attorney can provide further support. Graves McLain Injury Lawyers prepares every case with care, from day one. That includes making sure our clients avoid the digital pitfalls that could hurt their recovery.
If you’re unsure about how to manage your online presence while pursuing a personal injury claim, the team at Graves McLain is here to guide you.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
