Social media (Facebook, Instagram, Blogs, Twitter, etc.) is a wonderful place to post interesting things that your children have done or your neighbors have done to annoy you. It is not, however, the place to post anything about an accident or an injury or a claim you might have.
It doesn’t matter when a particular photograph or video was taken, once it is posted on Facebook or other social media, it is there for all to see, including the insurance company who will be evaluating an injured party’s claim. You may have taken a photograph of you riding an ATV five years ago and then posted it three weeks after a car accident and you will be tagged with having engaged in that activity three weeks after the car accident.
Don’t post comments about an accident or an injury or how something occurred. Don’t post photographs of damaged vehicles or bruises. Don’t provide commentary about how you’re feeling or the inconvenience of what you are going through. Your friends may sympathize and write a number of very nice comments. An insurance adjuster, Judge, jury, or arbitrator, will not be as sympathetic.
Moreover, with today’s social media, it is more important than ever to set your security settings as tight as possible. Make sure that these social media posts, videos, photographs, etc. are only being seen and will be seen by those you want to see them. In the meantime, do not friend anyone you do not recognize. Anything you have in the past posted or in the future do post may very well end up being an exhibit at a subsequent trial of your case.
As the lawyers of this firm recognize and as those who have been through these types of claims before understand, there is, often times, a cyclical nature (waxing and waning) to the healing process. If your back and neck are feeling better on a Tuesday, don’t post that on Facebook because, by Friday, you may be back to square one.
If you advise your doctors that certain activities of daily living are impaired, testify in a deposition as to certain recreational activities you can’t participate in, and/or are forced to take time off from work because of injuries sustained in a motor vehicle collision or on the job injury, and then post photos, videos, or comments that either directly or indirectly contradict those statements, it will be more than problematic for resolution of any claim.
Lawyers at our firm have handled countless numbers of claims for injured individuals. If you have questions or concerns regarding your rights, give one of our lawyers a call and schedule a time to come in and see us for a free consultation.