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With decades of experience handling personal injury cases throughout Southern New England, our law firm has seen some strange cases. Some of the strangest circumstances involve social media. If you have a potential Rhode Island or Massachusetts personal injury claim, please read this and contact me before posting to social media!
1. Facebook and Other Platforms Are Reviewed By Those Handling Your Personal Injury Claim!
Did you know that when you report a personal injury claim, the insurance company immediately sets up a file and begins to follow policies designed to avoid or minimize paying you? And that these protocols often involve investigating your personal life, including a review of your online presence, social media accounts, etc.? As a Rhode Island personal injury lawyer, I have seen this on hundreds of cases. The truth is insurance companies are trained to be super nice to you on the phone (in an effort to hope you do not hire me!) while secretly reviewing:
- Your Facebook; Instagram; Linked In; Twitter, and other accounts;
- Your Prior personal injury claim history
- Your overall online presence
- Sometimes hiring an investigator to follow and videotape you
Did you know that in Rhode Island, insurance companies (and anyone for that matter) are allowed to record your calls without even telling you?! As described next, what they find can be used against you in your car accident or other personal injury case!
2. Can Social Media Posts Hurt Your Personal Injury Case? Yes!
After a personal injury happens to you, lawyers and insurance companies can use the above information mined against you in your case! Generally speaking, the rules of evidence and other laws regarding admissibility of personal injury evidence are very liberal. This means that when you make a personal injury claim, you are giving up some of your privacy rights. Big insurance companies grab this private information and use it to claim you really are not hurt – even when you are not at fault! This can destroy your case.
I handled one medical malpractice case where the Rhode Island doctor made a clear mistake in over prescribing a medication to my young client. In her deposition, she claimed that due to a prescription over dosage, she was embarrassed to wear a bikini and shorts. Well, weeks before trial, the defense lawyers sent me a surprise – you guessed it – photos of our client on Facebook enjoying herself on the beach and out in shorts. Those photos literally cost her tens of thousands of dollars in the value of her case!
In an article from the New York Law Journal, a plaintiff brought her auto accident claim to trial – but was unaware that her social media posts would backfire during her case. The defendant found photos and a video of the plaintiff rock climbing and walking along a boardwalk, despite having injuries that caused a loss of enjoyment in her life.
3. Can Social Media Posts Help Your Personal Injury Case? No!
My advice after a personal injury from a car accident, slip and fall, or other personal injury? Take it from this RI personal injury lawyer…… please do not post anything to social media! The downsides far outweigh any upside.
At the Bottaro Law Firm, LLC, we want to protect our clients’ as much as we can. Whether it is providing advice regarding social media, or making sure you receive maximum compensation for your injuries – the Bottaro Law Firm team is here for you!
It’s Good To Know Mike Bottaro! – 24/7 Personal Injury Help
At the Bottaro Law Firm, LLC, Mike and his team handle Rhode Island and Massachusetts care accident personal injury claims every day. Honesty. Integrity. Results. Our experienced legal team is here to fight for your rights. Contact us in any method you prefer 24/7 for a fast, free, and confidential consultation about your case. Text or call: 401-777-7777 or fill out our free and confidential online form.