Social media plays a huge part in our everyday lives. Whether it is Facebook, Twitter, or Instagram, it seems like everyone is using some form of social media to connect with friends, family, colleagues, and customers. Although it is a fun and helpful way to stay in touch, these tools can cause significant issues if you have a personal injury claim.
During your lawsuit, there is a period of time set aside for discovery, where the parties attempt to gather as much information about you and your claim as possible. Often, insurance companies hire private investigators to conduct surveillance while your lawsuit is pending. This traditionally includes following you and taking video and photographs, but in recent years it has grown to include searches for social media accounts and profiles.
What makes social media so problematic for claimants is that there is often no way to date material posted to an account. A person who suffered a back injury and is disabled from working might post a picture engaging in physical activity. Even if the photo was taken years before the injury, it can appear recent, and the insurance company may use it as evidence to allege the claim is fraudulent.
Whether such evidence is admissible at trial has not been definitively decided in Michigan, though a few unpublished cases indicate it is. Either way, trying to prove that a photo taken years ago does not reflect your current condition is not easy and can have a profound effect on your claim.
The best way to prevent social media from interfering with your claim is to deactivate your account right away. Simply pausing your own posts will not eliminate the risk, because others in your network can still post photos and videos linked to you. Deleting posts will not necessarily help either, since some platforms keep a comprehensive history. Even setting a profile to private may not help, as a defense attorney can subpoena account information directly from the provider.
Do not let something as benign as a Facebook post negatively impact your ability to obtain the benefits you are entitled to. The experienced attorneys at The Law Offices of Joumana Kayrouz can help you navigate these and the many other issues that can arise during a personal injury suit. Contact us today at 248-557-3645 for more information about your rights.