No matter what type of accident you’ve been involved in, or what your injuries were, if you have any intention of filing a personal injury claim then you need to be careful what you’re posting to social media. The more serious your injury is, the more important it is that you follow this advice.
The more serious your injury is the more likely you are to need to file a personal injury claim
Generally speaking, a more serious injury such as a spinal cord injury is more likely to result in a personal injury case compared to a sprained ankle. This isn’t because you don’t deserve compensation for a sprained ankle, it’s because an insurance company is much less likely to fight a claim for a small amount. However, if you have a significant medical bills and other money to recover, then they’re likely to pull out every stop they can to pay just pennies on the dollar.
They may send investigators to look through your social media accounts
One tactic that’s becoming more and more popular is for the insurance company to have an investigator take a close look at the injured person’s social media accounts. They’re looking for evidence that the victim is faking or exaggerating their injuries. This is a very dangerous tactic because it doesn’t require much out-of-pocket money from the insurance company. All they have to do is get a fake account and friend the person who’s been injured.
Your social media profiles may be requested in discovery
These days it’s pretty standard for the insurance company to ask for the victim’s social media information in discovery. The courts have been clear that these request are fine, as long as they follow the general rules for discovery. Namely, the requests must be only for info that’s reasonable in time and scope and that they can show is relevant to the suit.
Of course, the judge will still rule on whether or not your social media information is relevant. In some cases, the insurance company may not find anything. In other situations, if you’ve filed a personal injury case due to catastrophic injuries sustained in an accident, you can understand that it would be damning to post a video of you rollerblading.
Insurance companies can take information out of context
When you work with Law Offices of Fernando D. Vargas, we can be more specific about what’s okay to post and what’s isn’t. just remember that things can be taken out of context. Your best bet is to change your privacy settings to friend’s only, to make sure you’re not posting any details about your accident at all, and that if you have any questions you call us at 909-982-0707. We’re here to provide a free case evaluation.
