There are many factors of a personal injury case that victims have to focus on, but one they may not even consider is their social media account. In today’s world, social media has become an extension of our lives, allowing us to stay connected to friends and family. But being so involved in social media can also have a negative impact in a personal injury case. Any posts, comments, photos, and even private message can be used as evidence to deny a victim’s claim.
Insurance companies often hire private investigators or have in-house investigators who will conduct surveillance on victims to see if they can catch them doing something they shouldn’t be doing if they were really suffering from the injuries they have claimed. Any evidence of such activity – such as a person mowing their lawn or engaged in recreational activities – could then be used in court to try to prove the victim is faking.
Social media makes investigators jobs much easier because of all the things that people post. Whether it’s going on vacation or playing at the park with their children, anything posted that may indicate the victim does not have physical limitations claimed because of their injuries can be used as evidence.
Personal injury lawyers will warn their clients not to post anything on their social media accounts that could be used against them. Most Fort Lauderdale FL lawyers would prefer that victims stay completely off their social media accounts until their case has been resolved. You also need to be careful what family and friends post about you and your injury because the insurance company could use any of those postings as evidence, too.
And despite what many people think, having your social media account settings set to private does not offer protection if the insurance company attorney can convince a judge that your private posts or photos are relevant to your case. There have been multiple cases where courts have granted access to even victim’s social media accounts that were set to private, as well as access to their private messages. Some of the victims in these cases appealed these decisions all the way to the appellate courts in the states they live in, only to have the appellate judges confirm the lower courts decisions.
This should be very alarming to any victim of a personal injury case and serve as a deterrent to using any of their social media accounts while their case is still ongoing.