Millions of Americans use social media every day – whether it's posting a video or images of their daily life or posting a status update. But did you know that insurance companies or opposing legal teams may be scrolling through social media to find evidence to use against you in a lawsuit? Make sure you understand how posting on social media during a lawsuit can affect your case.
Social Media Can Be Used Against You in a Lawsuit
Insurance companies and opposing legal teams often use information easily found on social media or the Internet to dispute a claim or lawsuit. It’s critical to understand how a seemingly innocent post or information can be used against you.
Let’s take the example of Bruce. Bruce suffered leg and knee injuries after a car accident caused by a negligent truck driver, whom he is now suing in a personal injury claim. He underwent surgery and months of physical therapy in order to recover but hasn’t been quite the same since the accident. The insurance company devalues or denies Bruce’s claim, saying he wasn’t really injured. The proof? An Instagram post on Bruce’s account showing him playing basketball with a caption of “Hours of fun, never felt better!”.
It doesn’t matter that Bruce didn’t play basketball for hours and that just the outing alone forced him back to physical therapy. The defendant's lawyers and insurance companies can bring doubt into your claim and refuse your compensation demands through evidence they find on social media.
Tips for Using Social Media During a Lawsuit
The best advice for using social media during a lawsuit is not to. If you can’t bear the idea of refraining from social media use for the duration of your claim, you should at least make all of your accounts private. In addition, follow these guidelines:
Don’t Post Anything Related to the Accident. Do not post anything related to the accident and ensure your friends and relatives do the same.
Do Not Comment. Never comment on a story in the media about your case or accident. Remember that comments on other people’s posts may be public.
Beware of Reviews. Even something like leaving a positive review could be used against you, if your patronage of that business could draw your injuries into question.
Ask Your Friends to Avoid Tagging You. It's not just your social media accounts an insurance company or defendant's lawyer can review, it’s anyone related or close to you also. Make sure your friends and family don’t tag you, especially in any photos that could draw the level of severity of your injuries into question.
Don’t Use Check-Ins. “Check-ins” and location postings may seem innocent but because they allow others to see exactly where you are, they could be used to try to cast doubt on your claims. Avoid “check-in” posts on social media throughout the course of your injury case.
Remember, anything you post or others post about you on the Internet is considered public record. Don’t let the insurance companies compromise your claim by using social media posts as evidence against you.
Get Help You With Your Personal Injury Lawsuit
Never accept a settlement offer in a lawsuit without discussing your case with an experienced personal injury lawyer. Once you accept a settlement, you cannot go back and reopen your claim. If the insurance company is playing hardball, a skilled, aggressive personal injury lawyer with trial experience can bring invaluable knowledge and legal strategy to maximize your claim.
When you hire a personal injury lawyer from our team at Brandon J. Broderick, you pay nothing upfront. We work on contingent fees that are only collected if we win your case. If we don’t win, you don’t pay. Contact us today and let us turn your setback into a comeback.