Facebook. Twitter. Myspace. Social media sites abound. They have enabled people from across the globe to keep in touch with just a few quick keystrokes. Social media sites have also allowed people to let everyone know their business. Things that would have taken a few days to have spread to a circle of friends now can be seen by virtually anyone in seconds. For anyone hurt in a personal injury case, social media can be a way to stay connected while recuperating.
People often feel isolated after being injured in an accident. Settlement of a case can take a long time, and since injuries often mean that a person cannot work, sites such as Facebook become a vital link to the world. However, the fact that a person can tweet that they love life one day, despite grave injuries, also means that people who are not truly friends may see such a post and use it in the defense of a personal injury case.
Social media sites allow users to set their preferred level of privacy. However, many people allow just about anyone to see a great deal of their profile information. When a person who is negotiating an accident settlement starts posting things about digging up garden beds, skiing in Vail, or working under the table for a construction company, they have provided the insurance companies with some pretty good evidence that perhaps their injuries are not as bad as claimed.
Let’s consider a claimant in an uninsured motorist claim named Sam. Sam was involved in a car accident that left him with some soft tissue injuries and also some facial disfigurement. The pain from the soft tissue injuries is just about constant, although some days are better than others. Because he has not yet had any facial reconstructive surgery, he does not feel comfortable going out in public. Facebook and Twitter have become real life lines for him, allowing him to still feel connected to the world despite his own self-imposed isolation and resulting depression.
Sam loves gardening, and it is one of the few activities that can transport him away from his present circumstances. When the weather is good and his pain level is not too bad, he goes to his garden. Yesterday, he had his brother in law dig up a new area for a flower bed. He Tweets: “Just dug up new flower bed!”
Sam used to be an avid skier, and in a moment of whimsy, he posts a recent daydream as his status on Facebook: “I am skiing the slopes at Vail. Just saw Angelina J.” Later that day, Sam adds a comment: “Just earned some cash working for John’s construction company.” Unfortunately, Sam left out the details that Vail was a daydream (as was Ms. J.), and that John, his brother in law, who owns the construction company, gave Sam $50 to help him pay his cable bill. Sam does not like to take charity, and so the only way John could get him to accept the money was to accept Sam’s offer to staple a bunch of fliers for him.
Unfortunately for Sam, the investigators in the uninsured motorist claim have access to all of these tidbits. Since Sam has been claiming that his injuries have impeded his ability to work, seeing things such as “dug up new flower bed”, “am skiing” and “earned some cash” all look like evidence that Sam is not really in as bad shape as he claims.
Maintain a high level of privacy on personal media sites so that only people approved as friends can see anything beyond a name on a public profile. And, although it is now an uncommon practice with today’s lightning fast communications, think about what is being posted before actually posting it.
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