Free Consultations | Tap To Call Today: 1.888.625.6265.

Chicago Personal Injury Attorneys - Malman LawSocial media is a common fixture in most people’s lives. They use it to update their status, keep friends and family in the loop and even as a way to pass the time. While social media can be a valuable tool, it can also spell disaster if you have a pending lawsuit. Social media is constantly used against a plaintiff in personal injury cases – and it is imperative that not only the attorney be aware of how it can be used, but that the plaintiff understands how their actions on social media could play out in court or even during negotiations.

Anyone seeking a settlement for damages after a car accident needs to understand that insurance companies are always looking for ways to disprove injuries or even ruin the plaintiff’s credibility. Even if the plaintiff is not lying about their injuries, what they say or do on social media can be used to create a level of doubt.

How Insurers May Use Your Social Media Account Against You

Social media is not as private as it may seem; therefore, anything you do on your social media networks may be used against you later. Some ways that insurers may attempt to use it against you include:

  • Claiming Injuries Are Not Real – You may be seriously injured and in pain, but insurers will do whatever they can to prove otherwise. For example, your friend shares a picture of you on Facebook showing you standing up and smiling at a family birthday event. While you were in pain and only stood for the photo, insurers can use that photo alone to create reasonable doubt as to how serious your injuries are – or if they even exist altogether. The insurer may try to claim that if you were so seriously injured, why were you attending functions in the first place?
  • Using Past Photos – If you share a photo of you skiing from three years ago, insurers will see that photo and try to use that to disprove current injuries. Insurers don’t pay attention to dates on your photos nor do they care when you actually attended the trip. While you can prove later that it was a photo from the past, it will only prolong settlement negotiations and make the process harder.
  • Using Statements – Any statements you make on your social media account could be used against you as if you said them to the insurance company directly. If you bash the other driver, discuss how your lawsuit is going or share anything related to the case, insurance companies may use it to lower your settlement or deny it. If you sign a confidentiality agreement as part of that settlement, do not say anything on social media and do not let family or friends say anything either – it could result in you having to give back your settlement to the insurance company.

Speak With Your Attorney Before Posting

If you are ever unsure, contact your attorney about how to properly use social media. Most personal injury attorneys will advise their clients to avoid it altogether so that they do not accidentally fall into the traps listed above. If you have a social media account, make sure you set it to private and remove people that you no longer associate with.

After your accident, contact the attorneys at Malman Law to discuss your claim. We not only help you file your claim, but will ensure that your behaviors do not limit how much of a settlement you receive. Call us at 888-307-2051 to schedule your consultation or fill out an online contact form with your questions.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at http://www.aiopia.org/selection/.

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at http://www.naopia.com/selection-process.

Client Review

  • "I'm very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I've been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion! "

    - Cheryl Wagemann
View More Testimonials

Know Your Rights!

Why People Choose Malman Law

  • Credibility & Experience

    20,000+ Cases over 25 Years
  • Track Record of Success

    Over $200,000,000 Collected
  • Team of Litigation Lawyers

    Real Courtroom Experience