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As Orlando personal injury attorneys who deal with insurance companies on a regular basis, we make sure to advise clients of the troubles associated with social media.
Our video above is a caution: Anyone who has been injured needs to be aware that, while their personal injury claim is pending, posting anything on social media is a bad idea.
Insurance providers use social media for intelligence gathering.
Insurance companies looking at Facebook, Google+, Instagram, Snapchat, You Tube, Pinterest and other social sites realize there is a gold mine of information that can be used against claimants. Insurers research a personal injury claimant’s Facebook page or other accounts in order to justify the denial or reduction of financial compensation—sometimes even when a claim is legitimate.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
Facebook Can Destroy a Personal Injury Claim
The most blameless photograph or comment thread can be misinterpreted or used to misrepresent the facts. People use social media 24/7. They are not thinking that a comment about driving to the grocery store or going to watch the grandkids play baseball might be detrimental.
What is more, tightening the privacy settings so that posts can be seen by “friends only” does not completely stop online surveillance. A friend with a Facebook app may take a picture of the personal injury plaintiff at a party or mowing the grass, and send the picture to a third party, after which it goes viral. There is also the ever-present tactic whereby insurance companies themselves use photo and video surveillance on injury victims.
All of these situations may jeopardize a personal injury case. It is not just photographs and comments that someone posts online. It boils down to the individual’s actions in general. A plaintiff’s activity should support and portray their personal injury claim. The best advice is to stay away from situations that may compromise your case.
And as we explain in the video, even if comments, photos or videos taken from Facebook or other social media sites do not come in at trial, incriminating digital records—whether contrived or genuine—could still negatively affect your settlement prospects.
Be careful of what you write or upload online.
Insurance companies looking at Facebook, Twitter and other sites want to identify insurance fraud and reject bogus claims filed by people who try to exploit the system.
Regrettably, some insurers try to find any possible evidence they can in order to justify not paying legitimate claims, or paying as little as possible. That is problematic. Depending on the facts of the case, the court may grant discovery for the person’s social media account, meaning anything posted may potentially be used in the lawsuit as evidence against the claim.
You can harm your case by using Facebook, Twitter and the countless other social media networks. What should not be detrimental can become detrimental. Once something is posted, it is there for all to see.
If you have any questions about your social media presence regarding a personal injury case or any other legal matter, do not hesitate to contact TK Law.
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