What is the Biggest Threat to Your Personal Injury Case? – Social Media

That right folk, when I am asked what is the biggest threat to your personal injury case – Social media is at the top of my list. In today’s world social media is a fact of life, but if your involved in a personal injury case, you must “think before you post”.  “Why? Whats the big deal its my page (or profile or whatever) – right?” Wrong, once you put a post, tag, tweet, publish or otherwise out to the internet it is public domain and can be used by an insurance company, or more likely their lawyers to build a case against you.

A recent example of this is Dwayne “The Rock” Johnson posting pictures on his instagram account about a serious car accident involving his mother and cousin – see here. While we are certainly glad to see The Rock’s mother and cousin are OK, this is exactly the type of social media posts that an insurance company would try to use to spin how well a plaintiff looks after a car accident – see his mom is smiling in that wheelchair. Far be it from the personal injury lawyers at KaplunMarx to tell The Rock what to do, but for everyone else out there, social media is one of the biggest threats to your personal injury case.

Electronic monitoring of social media sites has become much more prevalent in the past few years, and is only on the rise. This means that insurance companies will try to find all of your social media profiles, look for pictures and videos that your in (including being “tagged” in), check-ins, etc –  to try and use against you in your personal injury case. In certain personal injury cases, the insurance company can request all info contained on your computers, phones and other electronic devices relating to your case to find information to use against you at deposition and/or trial. Which social media sites can an insurance company look at? Facebook, Google+, Twitter, Instagram, Yelp – YES, ALL OF THEM!

Personal Injury Case Social Media Do’s and Dont’s

  • Don’t accept any odd new “friend” requests, especially if it is someone who you do not know,
  • Do set your privacy settings on the highest level of privacy,
  • Don’t let other people tag you, or your activities,
  • Do “think before you post”,
  • Don’t post anything about your accident, injuries, or details on social media.

Remember, even if you delete posts, pictures or videos, they can still be recovered and can open the door to a great deal more problems for you and your personal injury case. So if you are injured in Pennsylvania or New Jersey remember two things #1 Contact KaplunMarx and #2 Think before you post!