People have different perspectives about how much of their personal life is appropriate to post on the internet. Services like Facebook and Twitter make it easy to reach large groups of people, and to share photos or give updates about your life or thoughts.
What most people do not appreciate is that the content you post on these websites can have a serious impact on your personal injury claim.
When assessing the merits of a personal injury claim, an insurance company wants to know who you were before an accident, what your injuries are, and what you are able to do after the accident. In essence, they determine the level of compensation by making a before and after snapshot of your life.
The Courts have ruled that an insurance company can be entitled to see the content of a Plaintiff’s various social media profiles. In a personal injury claim, Plaintiffs will typically provide evidence as to how their injuries have changed various aspects of their work, hobbies, social life and the manner in which they complete their chores around the home.
The Courts have reasoned that a social media home page contains potentially relevant evidence as to what types of activities the Plaintiff has participated in following an accident. As such, the Courts have ordered that people preserve their existing social media profiles, and produce copies of things like a Facebook wall, and photo albums.
Following an accident, you need to carefully consider your privacy options. In fact, you might consider limiting who can post on your profile, and to avoid making any of your own posts. You never know how an insurance company will use the content on your social media profiles to undermine your case.
It is important to consult with the lawyers of Preszler Law Firm following an accident to ensure you understand the common litigation pitfalls which can reduce the compensation you may receive.