What Should You Avoid Posting Online During a Florida Personal Injury Case?

November 26, 2025

Dennis Hernandez

Social media has significantly changed communication and information sharing. Platforms such as Facebook, Instagram, X (formerly Twitter), and TikTok allow users to create a permanent, public record of their activities. In personal injury lawsuits, this record can be critical evidence. This emphasizes the social media injury claim risk in Florida and the importance of consulting legal counsel before posting content that could impact a case.

When you work with Dennis Hernandez Injury Attorneys, you can recover millions and millions in Florida. We fight to get you paid! Some of that fight is teaching our clients the possible dangers of social media during a legal dispute. We explain how one post can impact your ability to collect payment.

Why Can Social Media Create Legal Problems In Personal Injury Cases?

In pursuing damages for a personal injury, evidence plays a pivotal role. Insurance adjusters and defense attorneys routinely scrutinize social media to gather information. They assess your post-accident activities, emotional state, or physical condition. This emphasizes the social media injury claim risk in Florida. It also underscores the importance of consulting legal counsel before posting content that could affect your claim.

One photo, comment or check-in could imply your injuries aren’t as bad as you make them out to be. Even posts not related to your accident can be angled in such a way as to discredit your credibility. This is where posting online consequences become a real thing. Your on-the-record internet trail can actually affect an outcome in court.

How Do Insurers And Defense Attorneys Use Your Posts Against You?

In Florida and elsewhere in the United States, insurance defense teams frequently retain experts specifically to mine claimants’ social media accounts. They look for:

Pictures of you being active, contrary to your assertions about your injuries
Check-ins or tagged locations that indicate movement or travel at odds with imagined limitations
Remarks that minimize your suffering or imply you’re “doing better”
Comments from your friends/followers that seem inappropriate out of context

Consider, for example, a claimant who has testified that he is unable to lift heavy objects because of a back injury. If their Instagram showed them lifting shopping bags, or assisting a friend move, that might be introduced in court to impeach the witness.

Are Social Media Posts Admissible In Florida Courts?

Yes. Florida courts have repeatedly found that social media can be used as evidence if it’s pertinent to a case. Both public and private posts on social media may be obtainable in discovery under Florida’s evidence rules.

Case law supports this approach. In Nucci v. Target Corp., 162 So. 3d 146 (Fla. 4th DCA 2015), the trial court granted discovery in favor of the defense. This order required the production of private Facebook photos of the plaintiff that were found relevant to her alleged injuries. This precedent demonstrates why the social media injury claim risk in Florida isn’t just theoretical, it’s a real legal concern. It can directly impact personal injury cases.

Do Privacy Settings Protect You?

There’s this idea that if I lock all of my privacy settings down, I’m protected from the law. Unfortunately, no it is not. The courts can subpoena you to produce private posts if they are directly related to the controversy. Moreover, friends/followers in common could post and share your content without your knowledge.

Privacy settings may encase casual viewers, but they don’t shield you from legal discovery. This false sense of security, is perhaps the most typical and dangerous error that claimants can make.

How Can Social Media Affect Settlement Negotiations?

It’s not only in court where social media is having an impact. Negotiations as to settlement are greatly influenced by the perceived strength of a party’s case. Should the other side find something compromising online, be assured that they will offer a much lower settlement. They are satisfied with their ability to leverage this against you in the case.

Even when such evidence is ultimately not admissible, it can still help in behind-the-scenes negotiations. In other words, it could cost you thousands of dollars (and many miserable months in court) for just one post.

What Are The Best Practices For Protecting Your Case Online?

To preserve your legal rights and enhance your case:

Do not write about your accident or injury online. Avoid discussing medical information, details about the accident or conversations with your lawyer.
Limit all activity. Even things not relevant to the case can be taken out of context.
Review privacy settings regularly. Lock down your content fullscreen if you can.
Decline new friend requests. Do not accept any requests from people you don’t know knock at your door either during the case.
Request friends and family members not to tag you. This may reduce your digital exposure.

Depending on the nature of your posts, nothing less than taking a full hiatus from social media until your case is settled may be sufficient. This “digital detox” avoids being bitten by an ill-considered post.

Why Is Credibility So Important In A Personal Injury Case?

In personal injury trials, credibility is one of the most important considerations. Judges and juries evaluate how well your testimony aligns with your actions and statements. Online posts, even those that seem harmless, can be used against you in court, demonstrating the serious social media injury claim risk in Florida. Understanding this risk is crucial for protecting your rights and your case.

This was demonstrated in various Florida cases. Plaintiffs’ complaints of pain and suffering were refuted by pictures of them smiling on vacation or videos showing them engaged in physical activities. The legal lesson: Perception matters as much as reality.

Can Past Posts Be Used Against You?

Yes. Further, discovery does not end with social media posts published after your crash. Defense lawyers frequently comb through your history to make a “before and after” comparison. If it looks like your life has continued as normal, so will they say that the accident changed very little.

This is why it is so important to be closely consulting with a personal injury attorney. A good lawyer will explore the internet, discover what is there to be found and surgically cut off what can hurt before your defense picks it up.

How Can Your Lawyer Help Manage Social Media Risks?

A competent personal injury attorney will:

Counsel you on the kinds of things that you should NOT post during your case
Check your public profiles for any issue content
Respond to social media discovery in a way that preserves your rights
Frame your argument that is not as affected by online content

They may also be able to use your social media to your advantage, for instance showing posts documenting how you are healing or posting when some sort of injury effect was limiting (if those posts are regular and accurate).

What Does Florida Law Say About Misleading Or Fraudulent Posts?

Under Florida Statutes § 817.234, it is a felony to knowingly submit inaccurate information to an insurance company in connection with a claim. Publishing an inflated story of your recovery may not appear ‘criminal’ as such. However, if it’s used to bolster a fraudulent claim, there are significant legal consequences that may follow.

That’s why regardless of where you are, (behind a computer or on the witness stand) your attorney is sure to want you to tell only the truth. So, inadvertently misrepresenting themselves could mean serious repercussions.

Are There Real Cases Where Social Media Changed The Outcome?

Yes. Here are just a few examples from around the country of plaintiffs whose credibility, and, often, compensation, has been undermined by careless posts:

Defense attorneys in Florida found photos on one woman’s Facebook page of her enjoying a beach vacation that belied her claim she couldn’t enjoy life because of injuries she suffered in a car accident.
A man who said he couldn’t walk without pain posted a video of himself dancing at a family gathering. His settlement demand was dramatically cut back.

These cases illustrate the reality that social media injury claim risk that Florida plaintiffs face is not hypothetical; it is documented and real.

What Is The Safest Approach During Your Claim?

The safest approach is to:

Cease posting at all unless you are acquitted of the charges against you
Only communicate in a secure manner, through confidential means with your lawyer
Assume that everything you post can be in front of a judge or jury

By taking a proactive approach and being careful in the way you report your accident, you can help ensure that your case is as strong as possible. Hold opposing parties accountable for their actions, and then move forward with seeking compensation from an insurance company or court process.

Why Choose Dennis Hernandez Injury Attorneys?

Our Defense Team has over 100 years of combined experience. Instead of letting insurance companies control the narrative, we counter their tactics, including the misuse of social-media evidence. Our attorneys know how to shield you from the legal fallout of harmful online posts and keep your case focused on what matters.

We have obtained millions and millions of dollars for injured clients in Florida. At our firm, you gain a tireless advocate who understands how to predict and curtail risks both online and in the courtroom.