Yes, if you are involved in a personal injury case, social media posts can be used as evidence. If these posts are made publicly, such as on your public Facebook or Instagram profile, they may be relatively easy for investigators to find. This type of evidence is often admissible in court and could potentially be used against you.
For example, perhaps you are involved in a serious car accident and are seeking financial compensation. You claim that you suffered a spinal cord injury that makes it impossible for you to work and that you are living with daily pain and discomfort. You want compensation for medical bills, pain and suffering, lost wages, reduced earning capacity and much more.
However, even after the car accident, you post pictures of yourself going to the gym, dancing with your friends or engaging in other common activities that are part of your normal lifestyle. It could be argued that the pain and discomfort you are reporting are not as serious as you claim because you are still able to participate in these activities.
Does that mean these claims are true?
Not necessarily. Perhaps you are going to the gym to do a few limited workouts that are still possible despite your spinal cord injury. Maybe you even believe it is an important part of the rehabilitation and healing process, so you are doing exercises that were specifically recommended by your doctor.
But it is still important to think about the perception that these types of photos or posts may create. In some cases, it may be wise to simply stay off social media until your case has concluded.
Every personal injury case is different, and an experienced attorney can help you explore all of your options as you seek the compensation you deserve.