10 Social Media
"Rules To Live By"
After Your Serious Accident
- DO NOT delete existing social media accounts nor make new accounts under different usernames.
The insurance company and/or its defense attorneys and private investigators will find out about it, and you will lose your credibility.
- DO ask friends and family not to post pictures that include you, and tell them not to tag you in photos.
For example, if you're front and center in a Facebook photo, hoisting up the league trophy, the insurance company will jump on that photo as proof that you are exaggerating your injuries and symptoms in order to make money. Even if you've never kicked a soccer ball, or did not kick one that very day, this photo puts you in a bad light and makes your serious personal injury case much more difficult.
- DO NOT accept friend requests from anyone not actually and personally known to you.
- DO put yourself in the insurance adjuster's shoes.
Before you post anything, ask yourself, “Is there any way this (blog, vlog, video, photo, Facebook post, tweet, like, share, etc.) could be misinterpreted and used against me?”
If the answer is yes, then do not put it out there.
- DO NOT post anything at all about your insurance claim.
Here are a few examples of what not post while your personal injury case is still pending:
- photos of your injuries
- photos of any damaged car
- photos of the accident scene
- anything about your injuries, doctors, and treatment
- how you feel about the accident
- how you feel about your injuries
- how the case is going
- anything about the settlement negotiations
- DO set all your social media accounts to the highest privacy setting.
- DO NOT post anything to your personal blog nor on any social media at all that you don't want any insurance adjuster, insurance defense attorney, judge nor jury, to see.
- DO keep in mind that even privacy settings will not keep your social media private.
Records can be subpoenaed during litigation, regardless of your privacy settings. Anything damaging can destroy your serious personal injury case.
- DO NOT be too active on social media.
The insurance company and its attorneys can attempt to use your overall social media activity level as evidence that you are exaggerating how much your injuries have affected your life. If you seem happy and not bothered in your social media activity, this can have a very negative impact on your serious personal injury case.
- DO keep all communications between you and your attorney private.
This means everything between you and your lawyer - no exceptions!
Do not post any updates about your case. Do not share anything your attorney has told you, and do not share anything that you have told your attorney.
Have questions about social media or any other part of your serious personal injury case?
Ask a good attorney before you make any moves.
My name is Renée Yvonne Gardner. I am a San José accident attorney at Gardner Law, a personal injury law office.
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