In the age of social media, nothing is private. Social media content has the power and potential to misconstrue or even ruin your personal injury case. Social media accounts provide insurance companies and defense attorneys with a valuable source of evidence to impeach your credibility, refute the cause of your injury or undermine the amount of damages you claim to have suffered.
While your Facebook post or TikTok video may seem harmless or innocent, insurance companies use them to reject or reduce your compensation following an accident. After your case is filed, the defense goes to work collecting evidence that could disprove or devalue your claim, and research usually begins with an online search. Publishing on Twitter, Snapchat, TikTok, Instagram, Facebook or even LinkedIn can ruin your chances for building a successful case.
The type of content that could be used to prove (or disprove) your claim includes geolocation data, information about your day-to-day activities and how you behave as a person. Do not jeopardize your claim by posting, tweeting, sharing or commenting on social media. What you show and tell can be used against you.
Insurance claims adjusters, defense attorneys, at-fault drivers, employers and other parties involved in your accident will do whatever they can to minimize their own liability and decrease the amount they have to pay you. As a result, they will research to find social media content that may reveal you engaged in regular activities; you participated in activities that contribute to exacerbating your injuries; or you engaged in activities that interfere with your medical treatment plan as prescribed by a healthcare professional.
A post or photo is a snapshot of one specific moment in time where someone could be feeling less pain than usual, or they could be putting on a brave face to celebrate a special occasion. That singular image, post or tweet is then twisted by the insurance company into something devious or sinister. It’s not fair but that’s how the insurance companies act. Posts and tweets have the potential to seriously undermine the efforts of your legal team to secure the maximum compensation for your accident case. Even if you select “private” in your social media settings, investigators have ways of gaining access and getting that information.
At Daniels & Scriven, P.C. we counsel you so that your social media feeds don’t derail your medical or financial recovery. Social media should not compromise your case. You will get better results if you retain skilled counsel immediately after you were injured. Contact us 24/7 at 720-863-6006.
To protect your rights and get the best outcome possible for your personal injury case, we recommend that clients follow these Simple Rules:
- Avoid posting about your case and ask friends and family not to post about your accident or injury as well.
- Limit activity on social media until your personal injury case is resolved.
- Avoid accepting new friend requests or adding new connections while your case is pending. It is possible that someone from the insurance company, defense counsel’s firm or a person connected with the defendant will try to gain access to your information.
- Don’t delete profiles or individual posts or tweets as this can arouse suspicion of trying to hide or destroy something, and a court could deem it “spoliation of evidence,” which is prohibited.
The biggest risk is that your social media content will contradict the claims you make in your accident case. Your pictures, photos, location check-ins and statements may demonstrate you have different physical capabilities than you claim to the insurer or in court.
The best way to prevent insurance companies from using information against you is to keep the details of your personal life private. Avoid speaking with anyone about your accident.
As an experienced personal injury law firm serving the people of Colorado our team of lawyers help clients minimize the impact of social media on their personal injury claims. You can avoid being in a compromised position by showing your personal injury attorney your current social media profiles and seeking specific guidance. This is also why speaking with an attorney immediately after your accident is the best way to learn what you should (and shouldn’t) do to maximize the award you may be entitled to.
Our attorneys understand the tactics that insurers use to avoid paying what they owe. We will put our skills and knowledge to work on your behalf to fight for the compensation you deserve. Contact our office at 720-863-6006 or DanielsScrivenlaw.com to discuss your injury claim.