Injured? Think Before You Post

Even if posts are innocent, they will try and twist the truth and use it against you.

06/11/2020 By Justin Kallal

If you have been injured and you have a public Facebook or other social media account, you need to know that everything you have posted can and will be used against you by insurance adjusters, defense attorneys, and work comp claims analysts. Even if posts are innocent, they will try and twist the truth and use it against you.

In litigation it is not uncommon for defense attorneys to demand you produce your entire Facebook account history, including all private messages and posts. This is true even if your account is private! Your attorney must fight this unbelievable, intrusive, and unjust request.
If your account is private and your attorney fights for you, then most of your information and posts should be protected from prying eyes. However, you need to be aware that many judges will still allow defense attorneys access to the posts that are related to your injury, so think before you post.

Do not hide potentially bad posts from your attorney. Let them know about them so they can be prepared to deal with the issues. Remember a good attorney will fight to keep your information private.

Also, a good attorney will be able to show the truth when the posts are innocent and defense counsel are trying to use them against you. Last, do not delete your accounts or prior posts. This can be considered destruction of evidence and held against you.

Remember, you may be walking the dog because your doctor told you to, not because you can return to work as an iron worker! Follow the advice of your doctors and do what you need to get well, but be aware social media posts can be interpreted negatively even when you are following your doctor’s advice.

The best practice is to stop posting entirely if you have been injured by another or at work. Make sure friends and family avoid posting about you too. If you do choose to post, then avoid any posts that might be used against you by a defense attorney or claims adjuster. Remember they will try and twist things to look bad even if they are innocent.

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