Social Media and South Carolina Personal Injury Cases: What You Post Can and Will Be Used Against You
South Carolina courts have allowed discovery of personal injury plaintiffs' social media content. Posts, photographs, check-ins, and activity updates that appear to contradict claimed injuries have derailed cases that should have resulted in full compensation. Here is how to protect your claim.
The instinct to document life on social media is nearly universal. After an injury, that instinct can destroy a personal injury case. South Carolina courts — following a national trend addressed in decisions like Largent v. Reed — have made clear that social media content is discoverable in personal injury litigation when it is reasonably calculated to lead to admissible evidence about the plaintiff's claimed injuries, activities, or emotional state.
What Defense Counsel Is Looking For
When a personal injury lawsuit is filed, defense counsel's early case development almost always includes a sweep of the plaintiff's public social media profiles. They are specifically looking for:
- Photographs or videos showing physical activity inconsistent with claimed injuries (hiking, playing with children, carrying heavy items, attending sporting events)
- Check-ins at locations that contradict claimed limitations (concerts, athletic events, outdoor activities during periods when the plaintiff claimed inability to leave home)
- Posts or comments expressing positive emotional states inconsistent with claimed pain and suffering
- Statements about the accident, the injury, or the legal case itself
- Posts from before the accident that establish a pre-injury activity baseline the defense will use to argue the injury did not change the plaintiff's lifestyle as claimed
The Discovery Rules in South Carolina
South Carolina courts have applied the general relevance standard of Rule 26 to social media discovery: a party may obtain discovery of any matter not privileged that is relevant to the claims or defenses in the case. For personal injury plaintiffs who claim ongoing physical limitations, emotional distress, or reduced quality of life, social media content is presumptively relevant and discoverable.
Courts have rejected blanket objections to social media discovery on privacy grounds — once a plaintiff places their physical and emotional condition at issue in litigation, their reasonable expectation of privacy in content bearing on those conditions is significantly reduced. Private posts are not automatically protected simply because they were shared with a limited friend group rather than the public.
What You Should and Should Not Do
From the moment you are injured in an accident that may give rise to a personal injury claim:
- Do not delete or alter existing social media content. Deletion after litigation begins or is reasonably anticipated is spoliation of evidence — a serious litigation misconduct issue that can result in sanctions, adverse jury instructions, or dismissal.
- Suspend or dramatically reduce your social media posting. You are not obligated to continue posting during litigation. A temporary withdrawal from social media is far safer than generating potentially damaging content.
- Do not post anything about the accident, the injuries, the settlement, or the legal process. These posts are the most directly damaging and the most commonly used by defense counsel.
- Inform family and friends. Their posts about you — tagging you in photos, checking in with you at events — can be just as damaging as your own posts. Ask people close to you to refrain from posting about your activities during this period.
The Bigger Picture: Credibility
Personal injury cases are, at bottom, credibility contests. A plaintiff who claims a disabling back injury and is photographed on social media lifting a kayak does not simply lose the kayak issue — they lose their credibility on every other aspect of the case. Juries are unforgiving of what they perceive as exaggeration or dishonesty about injuries, and social media gives defense counsel powerful tools to suggest both.
How Traywick Law Helps
Our office counsels personal injury clients about social media management from the very first consultation, as part of a comprehensive case protection strategy. Visit the Traywick Legal Blog for more analysis.
Talk to a Charleston Attorney
If you have questions about how this issue affects your situation in Charleston, Mount Pleasant, or anywhere in the Lowcountry, contact Traywick Law Offices for a free consultation. Call (843) 343-5092.
Disclaimer: This article is provided for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different — please consult an attorney about your specific situation.
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David Traywick offers free consultations for personal injury and consumer law matters in Charleston, SC.