When a person posts information on the internet, that information has the potential to be accessed publicly. Even if the person has the best intentions of only sharing a picture, comment or other message with one person, the potential for that information to be found by insurance companies is fairly high. We advise our clients to refrain completely from referring to their case or injuries on any social media account they regularly use. We believe it is best to avoid social media altogether during litigation.
Insurance Companies Routinely Search the Internet
Defendants and their insurance companies will always try to look at a client’s media pages, including Facebook, Snapchat, Twitter, YouTube and any other new social media. The goal of the insurance company is to find information that our client thought was harmless, but can be twisted to discredit their injuries.
Insurance Companies Can Use this to Identify Our Client’s Family and Friends
Insurance Companies and their lawyers will attempt to identify our client’s family and friends as a potential source of information to help build a case against our client. Most Courts will allow this type of invasive activity under liberal discovery rules. Often, a legitimate case can be destroyed by what a client has posted on line. Several years ago, when the internet was relatively new, we actually had a client post some pictures of her family camping. The insurance company used these pictures to show that our client was still able to have a life, even with her injuries. In cases like this, the fact that someone can be injured and still enjoy themselves, when taken out of context and presented to a jury, can have devastating effects.
Bailey & Oliver Law Firm
As you can see, just because you think something is private, does not mean it is. If you are involved in an accident, we understand you are in a lot of pain, you are nervous about how you are going to pay for your medical expenses, you are nervous about giving a recorded statement to the insurance company. The attorneys at Bailey and Oliver Law Firm have over 60 years combined experience in handling accident cases. If you or someone you know has a personal injury case, we can help. Contact us at (479)202-5200 for a free consultation.