Social Media Evidence in Personal Injury Cases: What Maine Residents Need to Know

In today’s digital age, social media has become an integral part of daily life. Platforms like Facebook, Instagram, TikTok, and Twitter allow people to share updates, photos, and experiences with friends and family. However, what many Maine residents may not realize is that social media activity can significantly impact personal injury claims. Insurance companies and defense attorneys increasingly turn to social media evidence to challenge injury claims, making it crucial for accident victims to understand the potential legal consequences of their online presence.

When filing a personal injury claim, the injured party (plaintiff) must demonstrate the extent of their injuries, the impact on their daily life, and the liability of the at-fault party. However, insurance companies and defense lawyers often scour social media for evidence that contradicts a plaintiff’s claims. Some common ways social media posts can be used against an accident victim include:

• Contradictory Statements: If a plaintiff claims they suffered severe injuries but posts pictures of themselves engaging in physical activities, this could undermine their credibility.
• Location Check-ins: If a plaintiff claims they are unable to work or participate in social activities but check in at a vacation spot or gym, it can raise doubts about their injury’s severity.
• Photos and Videos: Even seemingly harmless images can be taken out of context to argue that a plaintiff’s injuries are not as serious as claimed.
• Third-Party Posts: Even if the injured person does not post anything themselves, friends or family members may tag them in posts that contradict their claims.

Many people assume that setting their social media profiles to private will protect their content from being accessed in a legal case. However, courts in Maine and across the country have ruled that social media posts, even private ones, may be discoverable in litigation. If a post is relevant to the case, a court may grant a defense attorney’s request to access it.

Insurance companies may also use legally permissible methods to obtain social media content, including:

• Publicly Available Information: Any posts or photos visible to the public can be used as evidence.
• Subpoenas: In some cases, courts may allow defense attorneys to subpoena social media records if they are deemed relevant to the case.
• Fake Friend Requests: Some investigators may attempt to gain access to a plaintiff’s private content by sending fake friend requests, though this tactic is ethically questionable.

To protect your personal injury claim, consider the following precautions:

1. Avoid Discussing Your Case Online – Never post details about your accident, injuries, or legal proceedings on social media.
2. Limit Social Media Activity – The less you post, the less ammunition the defense has to use against you.
3. Review and Adjust Privacy Settings – While not foolproof, setting profiles to private can limit exposure.
4. Warn Friends and Family – Ask loved ones not to tag you in posts or discuss your condition online.
5. Consult Your Attorney – If you are unsure whether a post could impact your case, discuss it with your personal injury lawyer.

At Peter Thompson & Associates, we understand how insurance companies use social media to challenge legitimate injury claims. If you have been injured in an accident, our experienced attorneys can help you navigate the legal process while protecting your rights. Contact us today for a free consultation to ensure that your digital footprint does not jeopardize your compensation.