Bradley D. Hauswirth
If you’ve been injured in an accident it is not uncommon to feel overwhelmed by the process when you are seeking the compensation you deserve. But in the age of social media, it is important to take some general precautions so that you’re not hurting your own case. Social media profiles are largely available to the public and can be used as evidence against an injured party. Using social media is extremely common in our society today and insurance company claims processors and insurance defense attorneys use it to look for opportunities to delay claims, deny claims and to defeat claims. Sadly, it is a frequent tactic in today’s personal injury claims environment.
When it comes to social media activities, err on the side of caution and consider the following:
1. Protect your privacy. Update your social media privacy settings and inform friends and family that you do not want to be tagged in posts or photos.
2. Limit disclosures. Since privacy settings are not foolproof, take it a step further and exercise good common sense when posting to your social media pages. Do not discuss your accident, health, or related information on any sites. Information can be easily misconstrued and used against you.
3. Maintain “radio silence.” Do not post videos or photos of yourself. Although this may seem unfair, it is better to be inactive on your social sites during the time your claim is pending.
4. Do not “check in.” Avoid posting your locations since this information can be misconstrued and used against you.
5. Exercise caution. If you have a particular concern about a potential or past posting, stay in communication with your attorney and heed his or her advice to give yourself the best potential for a positive outcome.
6. Get expert advice. If you do post something of concern, either intentionally or inadvertently, be sure to discuss the situation with your attorney prior to taking action such as deleting the post, because there are potential ramifications if you destroy what could be considered relevant evidence.
Injury cases are vigorously defended and can be won or lost for a variety of reasons. Do not help the insurance company or the defense lawyer prevail in their case by making a mistake with your social media.
