Average daily screen time in the U.S. is just over seven hours, according to research from Backlinko. Much of this time is spent on social media platforms like Facebook and Instagram.
Humans are social creatures, and people like to express themselves by posting online – there's nothing wrong with that. However, if you’re in the midst of a personal injury lawsuit, you should limit your social media activity significantly, for a few different reasons.
Here, we look at each of these reasons in detail.
Keep in mind that the insurance adjusters working on your case will almost certainly be able to see anything you post on social media. Even if you have strict privacy settings, insurance companies may still be able to find your content. Plus, not only can they find what you post, they can also use it as evidence against you.
As people choose to document their lives to a greater and greater extent on their social platforms, it’s getting easier and easier for insurers to gather the evidence they need to have claims dismissed.
Consider, for example, the story of Irishwoman Kamila Grabska. Earlier this year, the 36-year-old made headlines around the world after her €760,000 ($823,000) personal injury claim fell through. The reason? The mother of two was announced the winner of a Christmas tree throwing competition, despite her claim that she was unable to work because of accident-related disability.
Grabska’s story garnered a lot of attention, but it’s not unusual by any means. Insurers scour social media for evidence of claimants apparently engaged in activities like driving, lifting and carrying, and exercising, as this can make it look as though their version of events regarding their accident and injuries is exaggerated, or downright false. While some claimants who lose out on compensation in this way are genuinely guilty of deception, many others have honest claims based on real injuries.
Videos and photos have the potential to be particularly damaging, but even text-based posts (a description of a hike you went on, for example) can be problematic.
Divorce lawyers often tell clients to avoid contact with their ex-spouse for the duration of their case. We tell our personal injury plaintiffs the same thing when it comes to the defendants we’re suing.
Parties to lawsuits sometimes take to social media to express their frustrations with their opponents. It’s a bad idea to engage with this, for a few reasons:
We know that sending a late-night text to your significant other or best friend might seem completely private. Unfortunately, though, if you’re involved in a lawsuit, you may need to hand over evidence of recent communication during the discovery process.
Whether you’re in the middle of a custody battle or you’re suing your previous employer, it’s best to avoid sending incriminating private messages. Even seemingly harmless DMs can be brought up in a completely different light in court.
For example, say you’re in the middle of a ferocious custody battle with your ex. A message to your best friends about how hard it is to raise a kid alone on your salary might seem perfectly appropriate to you at the time. However, if the messages were requested in court, these same texts could quickly be turned against you.
Your opponent might, for example, portray the messages as evidence that you can’t afford to raise your child, and justification for your ex-spouse to claim that they should get sole custody. Keep things like this in mind during your lawsuit.
Except where communications form part of a privileged relationship (like you have with your lawyer or your doctor), direct messages are generally not protected by privacy laws in the U.S.
Legal representation is the best way to pursue the settlement you deserve. Hospital fees can add up quickly, and you don’t want to be left to pay the bill for your employer’s negligence. Plus, your opponent is likely to have legal representation already, and you want to make sure you have an expert in your corner as well.
Our lawyers can handle a variety of cases, including:
If you or a loved one has been injured in an accident, please feel free to give us a call at 800-969-4400, or contact us via our convenient online form here.
The Cochran Firm Philadelphia office would be happy to handle your civil litigation or criminal defense claims case. Proud to have served the people of Philadelphia for over 40 years, our law firm will welcome you with open arms.
Our consultations are free of charge, and we only accept payment if we win your case. Call 800-969-4400 or go online today to schedule your own consultation.
