Insurance companies and defense attorneys actively use social media surveillance to investigate personal injury claimants, searching for evidence that contradicts injury claims such as photos of physical activity or vacations. When you have an active or pending injury claim, you need to be careful with what you post, as anything could possibly be used against you even if it is taken out of context. A Cartersville, GA personal injury lawyer can help you avoid common mistakes and protect your claim.
Key Aspects
What They Look For
Defense teams monitor for inconsistencies between reported injuries and what’s posted online, such as hiking, lifting, or something as simple as smiling in photos. Be aware of what you are posting online and if it could be something that actively goes against your claims in any way.
What Platforms
Surveillance covers Facebook, Instagram, TikTok or any other social media platform are actively usable to obtain evidence against your claim.
Impact on Case
Even seemingly harmless posts can be taken out of context and used to argue that the injuries were not as severe as claimed. It could be as simple as posting an outing with friends or going on a walk.
“Hidden” Content
Even if your account is private or you have privacy settings, you are not guaranteed protection. In many instances, legal teams can still access this information. Once something is online, there is always a way to access.
Advice to Claimants
Don’t delete posts without consulting with an attorney if you are concerned it may be damaging to your case. This could be considered destroying evidence if it could be used as evidence.
Actionable Advice
Stop or Reduce Posting
Refrain from posting about the accident, injuries, or daily life and advise your friends and family to do the same in regards to you. Of course, given your limitations you can proceed with your life in accordance with your injuries, but you don’t want to stand in the way of a possible settlement.
Tighten Privacy Settings
You can make your profiles private to reduce risk, but it is not foolproof. There are still points of access
Be Truthful
Never post anything that contradicts your medical notes or deposition testimony; this can absolutely tank your case.
Consult an Attorney
Inform your attorney immediately if you have posted something that may be problematic or incriminating; your attorney will advise you moving forward and ensure that you don’t make any more decisions online that could hinder your case. Your legal team at Johnson & Alday, LLC will take proactive steps to protect your case and position it for the best possible outcome.
While social media evidence is common, it must still meet legal standards for relevance, reliability, and admissibility to be used in court. These things may be true, but there is still a possibility this evidence could be used against you and get you into legal trouble to lower the settlement that you are seeking for your injuries. Think before you post, make sure it doesn’t contradict your statements in any way, and if you aren’t sure always ask an attorney.