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Insurance companies are constantly searching the internet for any photographs or comments that could be used to impact your case negatively. Anything you post can potentially be seen by an insurance company, so it’s best to think carefully and cautiously before you post anything during your personal injury case.
Defendants, including insurance companies, are increasingly interested in our client’s social media pages, Facebook, Instagram, Twitter, etc. Internet activity obtained by the defendants on the internet can be used to your legal disadvantage in numerous ways, including severely undercutting your claim for damages.
Therefore, it is vital to your claim for you to monitor your internet activity and do everything possible to protect your privacy.
Before posting any information, photographs, or documents to the internet, analyze whether the information has the potential to harm your case or paint you in a negative light. It is entirely appropriate to correspond through email with your attorneys and legal team. However, it is not appropriate to email or post to friends and family members about your legal case or attorney-client communications.
Never post anything on the internet or social media publicly, and never use your actual name when posting. This prohibition includes blogging. Be leery of chat rooms and anyone on the internet who wants to discuss your legal case, injuries, pain, etc.
Do not engage in email correspondence with people you do not know. Set all social media accounts and emails to the highest privacy settings, and ensure that virtually no information is available to someone searching a social media account unless the person is your friend.
Do not publicly post any information to friends, pages, walls or social media accounts. Never accept friends on social media websites you do not recognize or trust, and most importantly, call your attorneys with any questions if you are unsure about certain internet activities before engaging in them.
Communications with your attorney are confidential and not admissible in Louisiana courts. However, other conversations (such as those with friends and family) are admissible and, therefore, should be done with caution.
Consultation with your attorney concerning social media issues is highly recommended before engaging in any communications. An attorney can help you determine if your proposed post is potentially damaging and could hurt your case. It’s always best to ask before you post and to limit posting in general.
Often, we handle accident claims where the person is severely injured and in significant pain. Nonetheless, during family celebrations, that injured person will put on their best face and participate in the festivities.
Frequently, photographs are taken of them smiling and having a pleasant time with their child or grandchild.
These images posted on social media are then captured by the insurance company and used at trial on cross-examination to attack the credibility of the injured person who claims they were in constant pain during this period.
For this reason, it is important not to post anything on social media that can be taken out of context and doesn’t accurately reflect the ongoing problems.
For more information on The Role Of Social Media In New Orleans Personal Injury Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 332-8188 today.