How Can Posting on Social Media Impact a Personal Injury Case?

 Posted on September 27, 2026 in Personal Injury

While posting an update to your social media accounts about an injury you suffered might seem harmless, if you’re planning to take legal action, it can have a big impact on your case. Insurance companies often look for ways to reduce what they pay for injuries, including evidence pulled from photos, videos, and comments on social media accounts.

If you were injured in an accident in 2026, an Arlington Heights, IL personal injury attorney can explain what to avoid to keep your case strong.

Can Social Media Posts Be Used Against You in an Illinois Injury Claim?

Social media posts can become important evidence in a personal injury case. Under Illinois Supreme Court Rule 201(b)(1), a party to a lawsuit can get "full disclosure regarding any matter relevant to the subject matter involved in the pending action." Documents a party can request include photographs, communications, and electronically stored information. A post, photo, or message related to an injury can often qualify for disclosure.

Even private posts can sometimes be subject to discovery if they are relevant to your injuries. This can also include related direct messages. The defendant’s legal team may still request whatever is relevant to your injuries, including related direct messages. Insurance adjusters can also look at anything that’s public before a lawsuit is filed without asking for permission to do so.

What Kinds of Social Media Posts Can Hurt a Personal Injury Claim in Illinois?

Posts that seem harmless can still cause problems. If you’re smiling in a picture taken after your injury, for example, an insurance company may use it to argue that you weren’t in as much pain as you claimed.

Other posts that may be used against you include:

• Photos of you out socially after the injury

• Vacation, gym, or sports posts that show physical activity

• Comments saying you’re "fine" or "doing better"

• Statements about how the accident happened or who was at fault

• Check-ins that show where you’ve been and what you were doing

• Older posts that mention earlier injuries or health problems

Comments about the accident itself can be used by the defense in other ways as well. Under 735 ILCS 5/2-1116, your compensation can be affected if you are partly at fault for the accident. Even if you are found partially at fault, your damages are reduced by your share of the fault. You cannot recover damages if you are found more than 50 percent at fault. A post about your role in the accident could be used to argue that you were more responsible than you claim.

Should You Delete Social Media Posts or Make Your Account Private After an Illinois Injury?

Making your account private limits who can see new posts, but may not keep relevant posts completely off the table during your case.

Deleting old posts can also be risky. Depending on the circumstances, removing relevant content could be treated as destroying evidence. Deleted posts may also be kept by someone else as a screenshot or similar. Talk to your attorney before you delete anything.

How Should You Use Social Media While Your Illinois Injury Claim Is Pending?

The simplest approach is to avoid posting as much as possible while your claim is pending. Even if you’re not directly posting about your injuries, information about where you are and what you are doing can be used to make a case that you’re not as badly hurt as you say. The same is true of social media posts that other people post of you. Ask friends and family not to tag you, and don’t accept friend requests from people you don’t know.

You don’t have to go completely off social media until your case is decided, but proceed with caution. Be sure not to admit fault or minimize your condition in any way. If you’re unsure about a specific post or conversation, ask your attorney before you hit send.

Call a Schaumburg, IL Personal Injury Attorney Today

If you’re not sure what you can and cannot post while you wait for your case to settle – or if you’ve already posted something you’re worried will hurt your case – speak with our Arlington Heights, IL personal injury lawyers. Newland & Newland, LLP is a team of local attorneys who value the communities and clients we serve. Our attorneys have many decades of combined experience and have recovered millions of dollars in verdicts and settlements for injured clients.

We offer free consultations. Call 847-797-8000 today.