Have you been injured? Let's talk about what you should do when you have an open personal injury claim in Texas, and you're also using Social Media platforms. Insurance companies and defense attorneys can use social media in different ways to discredit your case. Such as:
Posting about your recovery can minimize your injury
Comments or pictures can be taken wrongly
Posting details can create misinformation
Posts about your condition can be used to show your claim is inconsistent.
Posting about medical issues can give the insurance company something to hold against you
Pictures of you moving about or doing something physical can discredit you and your injury
Pictures of you ENJOYING any activity can counteract feelings of "distress"
Venting about the person who caused your injury can be used against you as a claim of "revenge."
Is it better to deactivate social media or make it private?
Deactivating social media is always better than making your account private. Investigators can easily work around privacy settings, and in certain cases, the opposing counsel can subpoena social media records. This would mean that they would have a court order allowing them to access your social media, where privacy settings wouldn't be relevant anymore. You'll be much better off by stopping social media for the entirety of your claim.
If you continue to use social media during your case: Switch your profiles to private.
Never accept a friend request from someone you don't know
Ask your friends and family not to tag you in anything
Do not post anything about your case, EVER
Make sure friends and family know not to post about your case
Do not post about any settlements you get
Carefully think about every post you make. Deleted things can always be recovered!
If you don't know what to say or post, don't post or say ANYTHING
As always, if you have questions, please visit our website: www.ashmorelawfirm.com