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How Social Media Can Ruin Your Personal Injury Case in Virginia

1 Sep 2016

In 2025, almost everyone lives part of their life online. Your social media activity could seriously damage your case if you suffered an injury in a car accident, slip and fall, or other personal injury situation.

Let’s talk about how—and what to do about it.


Insurance Companies Are Watching You Online

Insurance adjusters will search for you online. Adjusters look for anything that makes it seem like you’re not really hurt—or not as hurt as you claim. That means they’ll comb through:

  • Facebook photos

  • Instagram stories

  • TikTok videos

  • Twitter/X comments

  • Even old check-ins or tagged posts

If they find something that contradicts your claims, they’ll use it against you. Here are a few ways that social media affects personal injury cases.


3 Common Social Media Mistakes That Affect Your Personal Injury Case

1. 📸 Your Posts Don’t Match Your Injuries

Imagine you suffered a spinal injury in a car accident, but you post a smiling photo at a family barbecue. Insurance defense lawyers use a single photo to argue you’re exaggerating or faking your injuries—even if you were in pain the whole time.

Pro tip: Don’t give the defense anything they can twist against you.


2. 🤐 You Complain Online—but Not About Your Injury

If you vent about traffic, weather, or your job—but say nothing about your serious injury—it sends the wrong message. It looks like you’re not affected by your accident at all.

Juries notice those inconsistencies. And they may question your entire case because of it.


3. 📢 You Complain Too Much About Your Injury

Some people think daily posts about their pain will help their case. It won’t. Juries can spot exaggeration. So can insurance companies.

If you suddenly shift your entire feed to injury complaints, it looks staged. That hurts your credibility.


What Should You Do with Social Media During Your Case?

✅ 1. Stop Posting

This is the best option. Don’t post, comment, or share anything. Period. Stay silent until your case is resolved.

✅ 2. Tighten Your Privacy Settings

At the very least, limit who can see your posts. But remember: nothing is ever truly private online. Screenshots can still be shared.

✅ 3. Consider Deactivating Your Accounts

Deactivation doesn’t delete anything, but it pauses your account and keeps you from making accidental mistakes. Your content can still be produced if properly requested in discovery, but you won’t keep adding new risks.


Can You Delete Old Posts?

No. Deleting or hiding posts after a personal injury can be considered destruction of evidence. That can kill your case.

Talk to your Virginia personal injury lawyer first. We can guide you on how to respond if there’s already something concerning on your profile.


Don’t Give the Insurance Company Ammunition

If you say one thing to your doctor and another thing on Instagram, the insurance company will find it. And they will use it to:

  • Devalue your claim

  • Undermine your credibility

  • Argue your injuries aren’t serious

  • Offer you less money—or none at all


Final Advice: Be Smart and Stay Silent

Social media affects personal injury cases in many ways. You don’t need to prove your case on Facebook. In fact, posting about your injuries almost always does more harm than good.

Instead, let your lawyer build your case using:
✅ Medical records
✅ Testimony from friends and family
✅ Expert opinions
✅ Your own sworn statements

We’ve helped countless clients across Lynchburg and Central Virginia recover after serious injuries. Social media mistakes are one of the easiest ways to lose leverage in a case. Don’t let it happen to you.


📞 Need Help After an Injury?

If you’ve been hurt and have questions about your case—or your online presence—contact our office today. We’re here to protect your rights and help you recover.

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Brandon and his team at Osterbind Law are truly peerless. This is exactly how a modern personal injury firm should operate. The firm is holistic in its approach and thoughtful. It's no wonder why they get such great results for their clients. And no surprise, their clients love them. I've had the pleasure of working with Brandon on a professional level and he levels up, big time. Kudos.
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The entire team at Osterbind Law are incredible. They communicated with us with every step and process that was happening . They provided the knowledge, support, and empathy to us on the case. And when the curve ball was thrown, they dug in deeper. I have nothing but the highest respect for Brandon and Hannah and the entire team. They made us feel more like a family, than a client.
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a year ago

The staff is caring and very knowledgeable. They help you as quickly as possible, and worked very hard for us. I'm so pleased with the way they assisted us.
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Brandon and his team did a great job helping me through my case. I'm so glad I chose him and stuck with him through the transition to his own firm. The staff is very knowledgeable and friendly. They feel like family after all this! Thank you for everything!!Amber J
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