Keeping in touch with far-away loved ones, advertising, open discussion, etc. However, these same benefits can be a detriment when it comes to a personal injury case.
By definition, social media is not private, yet this is the common assumption among users of social media platforms. Without this awareness, it is easy to make oneself very vulnerable, to make available more information than should be given. This can greatly harm a personal injury case if used by insurance companies. Posts, pictures, messages, and comments can all become a valid way for companies to contend one’s claim.
It may take work, but the contenders to your claim do have the right to look into your social presence. Or, worded perfectly in a case summary from the District Court Of Appeal Of The State Of Florida (Fourth District): “Once a legitimate expectation of privacy is shown, the burden is on the party seeking disclosure to show the invasion is warranted by a compelling interest and that the least intrusive means are used.” In other words, they have to work to obtain your photos, posts, etc., but so long as it is not overly “intrusive” it can be done.
Thus, it is suggested by Selzer & Weiss that one refrain from posting, messaging, or otherwise advertising through social media concerning an accident or injury. During and following the initial event, it is wise to keep any details between oneself and one’s lawyer. The world does not need to be the first to know how, when, where, or who – but lawyers do.
Unfortunately, as the saying goes: “The internet is forever.” Once something has been put online, it can never truly be removed or unseen. Any attempts to remove information only makes one seem guilty of withholding that resource, regardless of whether or not that is the case. As such, it is best to avoid social media entirely when one has suffered a personal injury and leave the details private, only given to those who are affected or to whom it is relevant.
In a personal injury case, discretion is a powerful aid. Selzer & Weiss are more than capable of maintaining confidentiality and guiding our clients in protecting their own privacy. If you or a loved one have been in an accident or suffered injury, keep the information off of social media and contact our team at Selzer & Weiss. Set up your free, initial consultation today.