Rules for Social Media When You Have a Personal Injury Case
If you have been injured in an accident and are fighting to get the compensation you deserve, you may feel overwhelmed by the process. The opposition to personal injury claims feels downright hostile at times. For this reason, it is important to protect yourself from anything that hurts your case, like posting on social media.
Father Loses Personal Injury Case Due to a Social Media Post
Recently, a young father was in an accident and sustained major injuries. Even after the worst injuries healed, Joe faced months of physical therapy and time-off of work to recover. This was an emotional and stressful time for both him and his family.
In addition to dealing with physical and financial stress, Joe had to deal with legal proceedings. The insurance company’s lawyers seemed bent on denying the compensation he sought. Their response was that his injuries were not as severe as he was claiming.
Joe sought medical care immediately, followed his physician’s recommendations and treatment to the letter, and was treated by a reputable physical therapist. Still, he lost his case.
How did this happen?
On one occasion, Joe attended his child’s school sporting event. A photo of him standing and holding his younger child at the event was posted to his Facebook page. This photo was used as evidence by the defense that his injury was not as severe as he had claimed, and he lost the case.
Despite his injuries, he still had to function as a parent, and this meant occasionally attending events or performing other duties that were physically challenging. All the insurance company saw was him looking like he was having a good time at a baseball game; not limping, not hunched over, and not in any visible pain. Of course, this was not the case, but the photo on Facebook held up as evidence to deny him the amount of compensation he sought.
Social Media And Your Case
Insurance company claims processors and lawyers look for opportunities to delay or deny claims, including reviewing social media to look for evidence to support their position. They used Joe’s own social media profile against him. This is not a rare occurrence. In fact, it has become a commonplace tactic in today’s personal injury claims.
The reality is that insurance companies are in the business of making and keeping money. For this reason, they resort to a variety of tactics to ensure they win their case. Unfortunately, social media profiles are largely available to the public, and can be used as evidence by insurance companies and lawyers.
What can you do? Going through a personal injury settlement can be draining and stressful. There may be times when you feel like you are scrutinized unfairly. Seek the counsel of an experienced lawyer and follow the directions given by your legal and medical team. They are on your side and will do what it takes to make sure you receive the benefits to which you are entitled.
When it comes to social media activities, err on the side of caution:
1. Protect your privacy. Update your social media privacy settings and inform friends and family that you don’t want to be tagged in posts or photos.
2. Exercise common sense. Privacy settings aren’t foolproof. Take it a step further and exercise good common sense when posting to your social media pages. For example, do not discuss your accident, health, or related information on these sites. Any information can be easily misconstrued and used against you.
3. Don’t post photos or videos of yourself. Adjusting what you do may seem unfair, but it is better to be inactive on your social sites during this time.
4. Don’t “check in.” Avoid using sites like Facebook and Foursquare to “check in” at locations, for example, an amusement park or roller skating rink. It doesn’t matter if you are just sitting out in the car, this type of information is potentially damaging.
Insurance companies want to win their case, and using social media information to help them do it has proven to be a successful tactic. Stay in communication with your lawyer to ask questions and heed his or her advice during this time to give yourself the best possible outcome.
What To Do Next:
If you’ve never hired a personal injury attorney before you may find it difficult sorting out the facts from used-car-salesman tactics.
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