Jun 19 2015

Social Media and the Insurance Companies


Certainly most clients these days use emails, send texts use Facebook, Twitter, Instagram and any other form of social media available. If you are an injury client you need to be aware that you cannot expect any information you share on the internet in any format to remain private. Information posted on the internet can severely jeopardize your case and will be used by insurance companies and defense attorneys to try to hurt your case by showing that your testimony contradicts something you said on Facebook, i.e. to try and show that your injuries did not happen, or just to make you look bad.

This does not mean that you have to stop using the internet. But it does mean that you should exercise discretion with what you communicate through emails, text messages, social networking sites, and other electronic means. You should know what sites you use and what is on those sites, and it is important that you communicate that knowledge to us when we ask for it.

Here are 10 simple rules when it comes to social media and your injury claim:

  1. Do not post or communicate anything that your lawyer tells you or you tell them, including documents you exchange with the lawyer. This rule applies to all forms of communication. Telling others what you have discussed can destroy the confidentiality of the attorney-client relationship.
  2. Do not post or otherwise communicate anything on the internet that could be harmful to your case or that you would be embarrassed or surprised for a room full of strangers in court to see, even if you think you are posting anonymously.
  3. Do not become friends with anyone on Facebook or other sites who you do not know.
  4. Use discretion when posting photographs or videos of yourself and allowing others to “tag” you. Ask yourself, would I want a room full of strangers to see this? If they do see it, can I explain it?
  5. Do not send emails, messages, or texts about your case to anyone other than your lawyer’s office.
  6. Do not post information or photographs that may expose you to criminal liability.
  7. Set your profiles to “private.” This may help to protect some of your information.
  8. Do not delete your accounts or any information now on them. This information is still retrievable even if you delete it. Deleting information may also be viewed as destroying evidence.
  9. Remember courts generally view relevance very broadly and may find that a lot of your social networking information is potentially relevant to your claims and injuries.
  10. Do not post any sexual content online or send sexual messages to anyone, whatsoever.

For some people limiting internet access seems like an invasion of privacy, but unfortunately, litigation can be an invasive process.