Social media can be a huge help in your case after an accident injury. Even friends who tag you in photos or post on your Facebook page can backfire on you. After hearing my clients’ social media accounts used against them by defense lawyers and insurance adjusters for years, I decided to write this article. Here are the Do’s and Don’ts when there is a potential injury claim. You don’t need to delete your accounts. All you have to do is use common sense and be cautious.
Steps To Take Immediately After An Accident
First, make sure your social media settings have been set to private after an accident. This setting will need to be looked for. You can limit public access to your account, but this will allow insurance companies and their investigators to see everything. This is something you cannot allow.
Second, ensure that your friends and you do not discuss or make any comments about getting a lawyer or suing or getting paid money. Any comments to the contrary will be taken out of context and used against you in court. After my client’s son boasted about how they would get a lot from the accident, I had to drop that case. While his mother was on the ambulance ride to the hospital, he started doing this! Don’t make it seem like you are motivated by money and not getting compensation for an injury sustained in an accident. These posts usually come from another person and occur immediately following an accident. You must delete any comment made by a friend or relative that you have not responded to. If this happens, delete the comment immediately.
What Can You Post During The Case?
Common sense is my best recommendation for what you can post. You don’t have to post selfies when you have a claim. Consider how the post will appear to the other side. Consider how the jury will see it. Photos can be strong evidence of the extent and impact of your injuries. These photos include pictures of exercise, biking and kayaking, as well as photos of jogging and vacations. While I don’t believe I have to explain why photos of physical activity are not helpful in a personal injuries claim, vacations might surprise you. Vacations are often viewed negatively because they can be a sign of a high quality life. Arguments are that vacations are an indicator of quality of life.
The most common example of negative posts made by insurance companies is about photos of people eating out. It would shock you to see how similar photos of victims before and after an accident look. One person can be in 10/10 pain but still look great in a photograph. You don’t see people posting pictures of themselves looking awful, right? If you’re out for dinner with friends and family, you might post a photo of everyone having fun and smiling. It is possible to use a filter or angle that makes you look great. The photos are usually the same when the insurance company compares them with your pre-accident photos. It looks like you’ve never had a change in your life. They show that you’re happy, smiling, and having fun. These photos would be unnoticed by most people, so I’m bringing it up.
This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann has the best personal injury attorneys. She focuses on personal injury, car accidents, and bicyclist injuries. The information on this site is not intended to and does not offer legal advice, legal recommendations or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your individual situation.
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