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Social Media Posts Can Be Used Against You in a Personal Injury Case

When you file a personal injury lawsuit, your social media accounts can be scrutinized by the other side as they try to gather evidence that’s harmful to your case. That’s why it’s incredibly important to proceed with caution on all social media accounts once you’ve taken legal action.

In South Carolina, social media content can be used as evidence against you. This means that any posts, check-ins, photos, or comments can be used against you. Insurance companies are highly skilled at trolling accounts to try to “catch” people doing normal things so they can say that a person’s injury isn’t as bad as they claim. 

Let’s imagine, for instance, that there’s a recent photo of you smiling at a restaurant with your friend. It’s the first time you’ve left the house since your accident, and you’re still in a lot of pain. However, the other side will simply view that image as a person who is out socializing and having a great time, without a care in the world. A jury might see the photo the same way. 

Another example could be a photo of your physical injuries which don’t look as bad as you described in your claim. Of course, the picture might not tell the whole story. It might not show all of your injuries, or it could have been taken in bad lighting. But that doesn’t matter. That single picture could be the key to unraveling your case.

It is highly advisable that you refrain from posting anything on social media while your case is active. It’s simply not worth the risk. You should also adjust your privacy settings so that only your personal contacts can view your account. 

Be sure to decline any “friend” or “follow” requests from people you don’t know, and remind friends and family members to avoid tagging photos of you or asking about your case online. If something has been posted that could be viewed as problematic, contact your lawyer before deleting any content. 

Although social media is a big part of most people’s daily lives, taking a step back for the duration of your case is well worth it. It’s a small but extremely important step which can only help your case. 

If you’ve been injured in an accident in the state of South Carolina, contact McWhirter, Bellinger & Associates for a free case evaluation. We’ve been working with personal injury victims in the Palmetto State for more than 40 years, and we fight hard for our clients to receive compensation for medical expenses, pain and suffering, lost wages, and more. We’ve seen every type of personal injury lawsuit, and we know how to build the strongest case possible for our clients. 


McWhirter, Bellinger & Associates has offices across the Midlands of South Carolina, in Aiken, Camden, Columbia, Lexington, Newberry, Orangeburg, and Sumter. Give us a call today at 888-353-5513. It won’t cost you anything to see if we can help.®