Social Media’s Evidence Role in Personal Injury Cases
Social media has become the most used type of Internet sites in the world. People love the access it provides to their family and friends. However, insurance companies also enjoy the access that it provides to people that are suing them for accident compensation.
Everyone must understand that when you file a personal injury claim, the insurance company that represents the person or entity you are suing are going to continually check on you via social media to see if they can find anything out about you that will harm your case.
Social media is just that – social. Anyone can look up your name and see what you have posted if you do not have the privacy settings correct. Privacy settings may also not be enough to protect you. Many insurers have employees that send out friend requests to people that are suing them. People, as a whole, love having new friends, so they accept the request and then the insurer has access to everything you post without you knowing.
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Social Media Dos & Don’ts When it Comes to Personal Injury
Because simple things that you say or post pictures of can be used in the wrong way or in the wrong context, it is very important that you use the following steps to protect your case when it comes to social media.
- Try to refrain from using social media at all. However, if you find it too hard not to use it because it is the only way you keep in contact with your family; never post anything on social media about your case or your injury.
- Do not post any information on social media about attending any events or traveling of any type. Even if you attended an event in pain, the insurance company will state that you can go out and “enjoy” life despite the injury.
- Never post pictures of yourself that shows you enjoying any type of activity, sport, event, or laughing, even if they are old pictures. The insurer will not see them as old pictures and will state that you are enjoying life.
- Make sure that you ask family and friends that are connected to your account not to discuss anything about your case or your injury. The insurer will look at your friends list and see what they have to say.
- Remove any posts that may be up there about your accident or your injury prior to speaking to an attorney. Once the attorney has notified the insurer that you are planning to sue for compensation, the research on you will begin.
- Make sure that your privacy settings are set to the highest level on your accounts and refrain from accepting any new friends hat you do not personally know until your case is over.
- Refrain from posting any type of negative information about your employer if the injury occurred at work. This will be seen as a revenge suit and not as an injury compensation claim.
- Do not post any information about your case that your lawyer has discussed with you.
When you are arrested, you are given your rights. Part of those rights is the “Right to remain silent. If you decline this right, anything you say can and will be used against you in a Court of Law.” This is a very important line to remember.
Even though you are not being accused of a crime and have not been arrested, the insurer will use everything you say and do against you in the case. Remaining silent and not providing the insurer with any information is your best option for a successful case. Always remember that there is no such thing as privacy when something is posted on the Internet.
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Adam S. Kutner
PERSONAL INJURY LAWYER
With more than 31 years of experience fighting for victims of personal injury in the Las Vegas valley, Attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.
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