What many overlook is how damaging photos and location check-ins can be. In a personal injury claim, these small details can be powerful evidence that defense attorneys use to challenge your injuries and credibility.
Below, our friends from Hayhurst Law PLLC discuss how photos and check-ins can damage your personal injury claim.
Why Photos Matter
A picture may be worth a thousand words, but in a lawsuit, it can also be worth thousands of dollars in lost compensation. Photos show moments out of context. A single image of you smiling at a birthday party or standing at a football game does not reveal the pain you felt afterward or the medication you needed to get through the day.
Defense attorneys often highlight these photos to suggest you are healthier or more active than you claim. They may argue that if you were truly injured, you would not be out socializing, traveling, or engaging in activities that appear physically demanding. Even if the activity was brief or limited, the image can tell a misleading story.
The Risk Of Location Check-Ins
Location check-ins are just as risky as photos. Many people use social media to tag themselves at restaurants, gyms, or entertainment venues. To an insurance company, these tags can be spun into evidence that you are more mobile than your case suggests.
For example, if you check in at a local hiking trail, the defense may argue that your injuries are exaggerated, even if you were only there to sit on a bench and enjoy the scenery. A tag at the gym could be used to claim you are exercising regularly, even if you only stopped by to cancel a membership or meet a friend.
Real-World Example
Consider a plaintiff who claimed severe leg injuries after a slip and fall. During the lawsuit, defense attorneys discovered a Facebook check-in at a concert venue. The plaintiff had attended the event but sat the entire time and needed help getting in and out. The defense still used the check-in to argue that the injuries were overstated, and the jury questioned the plaintiff’s credibility.
How To Protect Yourself
The simplest way to protect your case is to avoid posting photos and using check-ins until your lawsuit is resolved. If stepping away completely feels unrealistic, here are a few precautions:
- Do not share or tag yourself in photos that show physical activity.
- Ask friends and family not to post or tag you.
- Turn off location services for your social media apps.
- Review your accounts with your personal injury lawyer to identify potential risks.
Think Before You Share: Social Media’s Hidden Impact On Your Case
Photos and check-ins may seem harmless in everyday life, but in the context of a personal injury claim they can become powerful tools for the defense. A single image or location tag can create doubt about your injuries, even if the reality tells a different story. Protecting your credibility and your right to compensation starts with being mindful of what you share online. Until your case is resolved, it is best to leave the photos and check-ins for another time.
