How Social Media Can Destroy Your Florida Personal Injury Claim

Frequently Asked Questions About Social Media And Florida Injury Claims

Can Facebook hurt my car accident case in Florida?

Yes, Facebook absolutely can hurt your car accident case. Courts in Florida accept relevant social media posts as evidence, and defense attorneys regularly use photos, status updates, and comments to argue that your injuries are minor or that your statements are inconsistent. 

A single photo from a party, weekend trip, or gym visit can be shown to a jury to suggest that you are fully active and pain-free, even if you were struggling behind the scenes. If you have a pending claim, assume that anything you post may one day appear on a projector in a courtroom.

If my accounts are private, can an insurance company still see my posts?

Privacy settings do not stop insurers and defense lawyers from getting your posts through the legal process. Florida courts have made it clear that relevant social media content is discoverable, even from private accounts, as long as the requesting party makes a proper showing that the material is likely to lead to admissible evidence. They may ask the court to order you to download and produce posts or photos from specific time periods. The safest approach is to behave online as if nothing is truly private once litigation begins.

Is an insurance company really “spying on social media after an accident”?

The phrase might sound dramatic, but in practice, yes. Many insurers now treat social media checks as a standard part of their investigation process. As mentioned earlier, studies estimate that a large majority of adjusters review social media, and a significant percentage of denied claims involve the use of claimant posts. 

This is not necessarily illegal. They are reviewing what you or your friends have chosen to share online. The best way to protect yourself is to limit what you share and to get legal advice before you post.

Can social media ever help my personal injury case?

In some situations, yes. Social media can sometimes:

• Confirm that you complained of pain or limited activities soon after the accident.
• Show before and after contrasts that highlight how much your life has changed.
• Provide time-stamped evidence about your location or activities.

However, the risk of misunderstandings usually outweighs the potential benefit. We may, in some cases, use carefully selected posts as part of your story, but that decision should always be made with guidance from your attorney. 

What should I do about old posts that might look bad?

Do not start deleting posts on your own. That can lead to accusations of hiding evidence and can seriously damage your case. Instead, talk to us as soon as possible about your old content. We can evaluate the risk and plan how to address it if the defense finds it.

In many cases, context and honest explanation are more effective than trying to erase your online history after the fact.