If You Have a Pending Personal Injury Claim, Be Careful What You Post on Social Websites

With the emergence of MySpace, Utube, Facebook, Twitter and other social networking sites, insurance companies now have a new weapon in their hands to attempt to minimize your bodily injury claim.  If you don't think the carrier is searching out every activity you post, think again.  Forget about hiring investigators and paying through the nose for video surveillance.  The carrier now has an inexpensive way to catch you participating activities which you claim you can no longer do.  

It can be an innocent post such as "Just finished shopping for Christmas gifts" or "went to daughter's bowling party". You haven't given too much detail, but enough to raise the claim adjuster's eyebrows and give them what they deem to be the "smoking gun" thinking you were carrying loads of bags (when you could have been internet shopping) or sitting and watching your daughter bowl (without actually picking up a ball and throwing it down the alley).  See how your posts can be misinterpreted?  

As your case moves into litigation, you can be questioned on each of these seemingly harmless announcements by opposing counsel at your deposition and ultimately, you can be cross-examined at length about your postings.

What can you do?

Even though social networking can be addictive, the best practice during the life of your bodily injury claim is to limit your posts as much as possible.  If you feel the need to post, really think about how it may be read by the claim adjuster.

Do not accept friend or follow requests unless you know that connection personally.  You just never know when an adjuster will attempt to befriend you on the web and ask you for more detail about the housework you just did.

This one is crucial: Your lawyer should be computer and Web 2.0 savvy enough to connect to your sites and follow your posts.  You certainly don't want your attorney to be blind-sided by this evidence.

If you have any questions about this topic, please contact me at jeenabelil@jeenabelil.com or 631-445-7380

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