Social Media posts can be used as evidence against you. If you are a plaintiff in a Workers' Compensation or personal injury case, you can assume that insurance adjustors and defense attorneys are keeping a close tab on your social-media feeds. They are looking for photographs and any interactions that could suggest that you are exaggerating an injury or got an injury doing something other than what you claim, or any posts that might discredit you or your case. Here are four suggestions for managing your Social Media during a claim.
1. ARCHIVE. If you are in the middle of a case, you really should stop using social media and archive the content of your accounts. This means that it isn’t available online, but the content is available if it is requested as evidence. If you delete your content, or destroy devices, it will come across like you have something to hide.
2. STOP USING SOCIAL MEDIA. Your best bet is to stop using social media by archiving and deactivating your accounts. If you don’t do that, consider not posting or commenting, and just follow your friends. Set your privacy settings to high, remove people you don’t know from your friend lists, and don’t accept requests from people or organizations that you don’t know.
3. DELETE PHOTOS. Remove photos and tags to photos of you engaged in any kind of activity. These can be taken out of context easily by a defense attorney.
4. PROCEED WITH CAUTION. If you maintain accounts and continue to post, assume that every post, like, and comment will be read by the opposing legal team, a judge, and a jury. Don’t post anything regarding your accident, injury, or personal injury case online.