Use of Social Media During Your Personal Injury Case
After an accident in Missouri or Illinois, your smartphone can become a “treasure trove” of evidence for insurance adjusters and defense attorneys. What you view as a simple update to friends, insurance investigators see as an opportunity to downplay your injuries or discredit your entire claim.
Why “Private” Does Not Mean Protected?
Many victims believe that strict privacy settings shield them from prying eyes. However, in both Missouri and Illinois, courts regularly rule that social media content is discoverable if it is relevant to your claims of pain, suffering, or physical disability. Even if your account is locked down, the defense may use legal tools to subpoena your private posts, photos, and even deleted messages.
How the Defense Weaponizes Your Posts?
Insurance companies are not looking for the truth; they are looking for contradictions. They will meticulously sort through your digital footprint to find:
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Inconsistencies: A photo of you at a social event can be used to argue that your “loss of enjoyment of life” is exaggerated.
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Physical Functioning: Videos or photos of you engaging in light activity can be twisted to suggest you are functioning at a higher level than your medical records indicate.
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Admissions of Fault: A casual “I didn’t see them coming” in a comment can be interpreted as a legal admission of guilt, potentially reducing your recovery under comparative negligence laws.
At Mutrux Firm Injury Lawyers, our goal is to protect the integrity of your story. We understand how these modern defense tactics work and will guide you on exactly how to handle your online presence to ensure it supports, rather than sabotages your recovery.
Attorney Tyson Mutrux describes in this video the use of social media during your personal injury case.
Hi, Tyson Mutrux here again with the Mutrux Law Firm and today I’m sure going to quickly address social media during your personal injury case, or hopefully your lack of use.
One of the biggest things that people like to do when they get in an auto accident, or let’s say they fall somewhere or get insured in some way, they want to post it on Facebook, or Twitter and they want to tell the world. Well guess what, just like in a criminal case, everything you say and do will be used against you. Same thing. The insurance companies scour your social media accounts. This may be actually surprising to you but an adjustor will actually go, they’ll look up your name, they’ll look up your twitter handle, your facebook name, and they will copy every single thing on it.
I once had a client who had over 10,000 tweets in I think a two-year or three-year span. They sent every single one of those to me in discovery, and they picked apart every single tweet that she ever posted. So, I beg of you, if you have an injury case do not use social media. Talk about other things but I’ll caution you even to post about the smallest or minute things. One of my clients, she had done one cartwheel and it was about 1.5 years after the accident, and they wanted to use that against her.
So, I beg of you stay off social media not matter how harmless you may think it is. While your case is pending, just simplys stay off of it, post a couple small status updates. But especially when it comes to any physical activities that you may be doing. Stay away from it. Let’s say it’s a year from the accident and you’re going to run a 5k, don’t post it because they are going to use it against you. Trust me they will try and they will try and they will try.
Learn why staying off social platforms is crucial and how an experienced personal injury case lawyer at Mutrux Firm can help.
In today’s digital world, your “private” posts are public evidence. If you’ve been hurt in a car crash or truck accident, the most dangerous thing you can do is post about it online. At Mutrux Firm Injury Lawyers, we’ve seen how one innocent photo can derail a legitimate claim.
Critical Social Media Mistakes in Personal Injury Cases That Kill Settlements
The most common way social media damages a case is by creating “manufactured doubt” about the seriousness of your injuries. Defense attorneys in Missouri and Illinois are trained to scour your profiles for anything that contradicts your medical records.
1. Posting “Active” Photos While Claiming a Disability
If you claim a severe back injury from a St. Louis car accident but post a photo of yourself gardening or at a family BBQ, an insurance adjuster will argue your injuries aren’t as severe as you claim. Even if you were only active for five minutes and in pain the entire time, the jury only sees the smiling face.
2. The “Check-In” Trap
Checking in at a gym, a concert, or even a local restaurant in Columbia can be used as evidence of mobility. If you claim you are unable to drive or walk without assistance, a location tag at a shopping mall can be devastating to your credibility.
3. Explaining the Accident or Apologizing
In Illinois, any statement you make, even an “I’m so sorry this happened,” can be twisted into an admission of fault. Never discuss how the crash happened or who you think was responsible on any platform.
How Missouri and Illinois Courts Handle Social Media Discovery?
Many clients believe their “Private” settings protect them. This is a myth.
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Missouri Discovery Rules: Missouri courts generally allow the opposing party to request social media content if it is relevant to your injuries, damages, or credibility.
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Illinois Admissibility: In Illinois, private posts and photographs are discoverable if they are likely to lead to relevant information.
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The Deletion Danger: Never delete old posts after an accident without consulting us first. Courts may view this as “spoliation of evidence,” destroying proof which can lead to severe legal penalties or the dismissal of your case.
️ Your 5-Step Social Media Protection Plan
To ensure you don’t accidentally sabotage your own recovery, follow these rules immediately:
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Go Dark: The safest strategy is to stop posting entirely until your case is resolved.
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Max Privacy: Set every account to the highest privacy level, but assume the defense can still see everything.
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Reject Strangers: Do not accept new friend requests. Insurance investigators sometimes use fake profiles to gain access to your “private” feed.
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No Tags: Ask friends and family not to tag you in any photos or mention your accident online.
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Talk to Us First: If you aren’t sure if a post is safe, ask your attorney before hitting “Share”.
Award-Winning Personal Injury Lawyer Recognized for Excellence in Missouri
At Mutrux Firm Injury Lawyers, our results speak through the voices of our clients and now, through the honors we’ve earned in the community. Tyson Mutrux was proudly awarded Best Attorney in Columbia for 2025 by Inside Columbia Magazine, a recognition that reflects not only legal skill but also the deep trust of those we serve in Missouri.
A lawyer’s reputation speaks volumes about their ability to handle cases effectively. Whether you need legal representation for a personal injury claim, car crash claim, slip and fall or any other legal matter, choosing an attorney with a proven track record is essential.
Reading online reviews, client testimonials, and industry recognitions can help you gauge a lawyer’s credibility. Tyson Mutrux has built a strong reputation in Missouri, earning a 10.0 Superb rating on Avvo and recognition from Expertise as one of the Best Medical Malpractice Lawyers in St. Louis (2020).
Additionally, he has been honored by The National Trial Lawyers’ “Top 40 Under 40” for his dedication to achieving the best possible outcomes for his clients. His attention to detail, strong communication skills, and history of satisfied clients are reflected in numerous positive Google reviews.
You can also connect with us directly on Google to see reviews, updates, and more:
Mutrux Firm Injury Lawyers – St. Louis
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We serve clients across Missouri and Illinois, with dedicated offices in St. Louis and Columbia.
Protect Your Rights | Consult a Missouri & Illinois Personal Injury Lawyer Today
One casual post could cost you thousands in compensation. If you’ve been injured and aren’t sure how to handle your online presence, don’t wait until it’s too late. At Mutrux Firm Injury Lawyers, we provide a free case investigation to ensure your rights are protected throughout the legal process.
Call us now at (888) 550-4026 or contact us online to safeguard your settlement.
Visit our website at www.tysonmutrux.com. Thanks a lot and have a great day!