A person who files a personal injury claim gives up a lot of their privacy.
In recent years, included in this invasion of privacy is the exposure of a person's Facebook pages.
When a complaint asking for money for personal injury is filed one of the first things the defended ask for is the claimants Facebook password. The lawyers for the insurance company want this information so that they can get into your Facebook pages and search to find information that will be helpful to defense lawyers looking for anything that is inconsistent with your claim that you have physical limitations as a result of injuries from the trauma of your motor vehicle collision.
The defense lawyers would love to see photographs or a video of you playing around with your friends, play leapfrog, or horsing around on a basketball court.
Of course, these photographs and videos will substantially damage your personal injury claim as well as your own credibility.
Many people cannot believe that a judge would require them to give their Facebook passwords to complete strangers. However most judges will require you to give up your password. The legal reason for allowing this invasion into your privacy is the principle that a person accused of negligently injuring and you has the right to question whether you are in fact injured. The court will allow them to attempt to disapprove that you are injured by looking into your personal life for any information, photos or videos inconsistent with your claim of injury.
If you post private facts about your personal life on Facebook you should have no expectation of privacy. Unfortunately, once you upload your private life out into the Internet, you cannot get it back. It is much like trying to put ink back into a bottle. It is impossible.
That is why we advise our clients never to put their personal information on Facebook. The reason for this advice is obvious.
We do not suggest that a person fake or exaggerate their injuries beyond reality. However innocent posting on Facebook could create the wrong impression.
Suppose for instance that you're in a restaurant celebrating with friends you have not seen for a long time. Someone at the table or orders wine or beer and another friend takes a picture of you on their iPhone and posts it on your Facebook page. Although you have done nothing improper, this picture of you sitting in front of a beer bottle or wineglass yucking it up with your friends could create the wrong impression and damage your personal injury case.
For more information and advice about how to handle your personal injury claim visit our website, brentadams.com. There you will find helpful articles and videos that will educate you about the process of collecting the maximum amount possible for your personal injury claim.