Posted on March 31, 2015 in Personal Injury
Social networking sites like Facebook, Twitter, and Instagram allow us to live in a constantly connected world. Facebook, the largest of these social networks, has over 890 million users access its site every single day. However, for many involved in the litigation process, these networking sites could potentially do more harm than good. As these platforms were intended, users access these sites to chronicle their daily lives through posting status updates and photos, and checking in at various locations. Since these sites allow an unfettered look into a person’s activities based on privacy settings, they have become a target for insurance adjusters and defense attorneys alike when seeking ways to refute injuries claimed by plaintiffs.
A large part of determining the value of an injury is based on how that injury has affected the claimant’s life. Usually in assessing damages, courts compare what the claimant is unable to do following the accident to what they were able to do prior to the injury. It is important that anyone bringing a lawsuit recognize that what they post on social media is not always private. Insurance adjusters and attorneys alike view these networks as a valuable source of information regarding claims. For example, posting a pre-accident status about having a sore back could limit your ability to recover for back injuries that you claim were onset after the accident. Statuses do not need to be specific to injuries to be useful to those looking to defend against your claim. Posting a photo of you after running a marathon could limit your ability to recover for injuries which you claimed rendered you unable to walk or run for long periods of time.
Some courts have considered deleting old statuses or posts after initiating a lawsuit as destruction of evidence and doing so has resulted in sanctions against the party involved. To protect yourself against negative evidence being discovered, increase your privacy settings to limit what can be viewed by users who aren’t your “friends” on the network. Additionally, monitor what you post and what is posted about you for anything that could be potentially harmful to your case in the event that you need to file a lawsuit.
If you have any questions or concerns about your social media accounts or presence on the internet, please contact the personal injury lawyers in Philadelphia at Edelstein Law so that we can review the information together. Call us today at 215-893-9311 or 856-809-3150 or contact us online.
Social networking sites like Facebook, Twitter, and Instagram allow us to live in a constantly connected world.