When you file a personal injury claim, you would understandably think that
the focus should be on your injury and the incident that caused it. However,
the defendant and their insurance company will be more concerned about
what has happened to you in the past, and what you are doing now. In trying
to find another event that could be the real cause of your injury, they
hope to take partial or total liability off themselves.
Damaging Evidence & Where to Find It
In today’s digital age, there is no better place to start digging
for personal information than social media. Insurance companies have a
knack for finding out what people thought they had kept hidden. Even if
you make your Facebook, Instagram, etc. accounts private, the information exists
somewhere, and it can be picked up and used against you if the court allows an inquiry
into your files. They just need to show that they have a valid reason
to think that useful evidence could exist in your accounts; they don’t
need to necessarily have a particular file, photo, post, or video in mind.
If you claimed you were in emotional distress due to a head injury but
post a picture of yourself smiling with your family, the opposition can
try to use it to show that you are actually just fine. What about the
innocuous post you made about going grocery shopping? If you had suffered
a broken leg recently, the insurance company might say that you were clearly
out and about. Just about anything you can put into the social media sphere
can be twisted or misconstrued to your disadvantage.
Going Dark is a Bright Idea
How can you stop insurance companies from using your posts against you?
The only tried and true method is to stop posting while your personal
injury case is underway.
For many people, putting down the smartphone or turning off their social
media apps is a real struggle. If you aren’t sure you can go cold
turkey on Facebook, the first thing you should do is make your account
private. Next, consider having a trusted friend or family member change
the password of your accounts and keep it hidden until your case closes.
No matter your approach to curbing your social media intake during your
personal injury case, you should also bolster your chances of success
by working with Mainetti, Mainetti & O'Connor, P.C. Our Kingston
and Poughkeepsie personal injury attorneys can bring 85+ years of total
experience to your side and help you pursue fair compensation. Call
845.340.4878 for a
free initial consultation.