Back in the day, when I mostly looked at my own shoe tops and occasionally communicated in grunts (most people call that high school), I was encouraged by my very outgoing mother to be “more social” and to “talk to people.” 

 I did not quite understand how to do that, so I did not.  At least in college, I discovered liquid courage enabled me to speak to people, even members of the opposite sex.  Amazingly, I joined a profession renowned for loquaciousness.  I’ve even spoken at seminars, committee meetings, chaired committees, and tried cases, all of which involve speaking in public.  So social is good, right?

 Not necessarily, if you have a personal injury or workers’ compensation case pending. There are all kinds of ways to be social, and some of them can harm your case.

Social Media vs. You

Many clients who get injured in auto crashes, work accidents, slip and fall incidents, and the like, feel the need to tell everyone they know about it on social media.  Many of us live our lives out loud in public, so why not, right?

Wrong.

Even a private account can be accessed by a not-very-sophisticated individual.  And even though we’re not talking about a criminal case, your statements on social media can, and will, be used against you.  Let’s say you claim to be in extreme pain in your back, shoulders and neck from the rear-ender car accident you were in two weeks ago. But then someone posts photos of you at your little niece’s second birthday party. Those pictures show you holding the child in your arms, bending over the cake, tossing a water balloon, or whacking at a pinata. 

It sure doesn’t LOOK like you’re in pain, does it?

But, you claim, I HAD to be there for her.  It’s my brother’s first child!  Yeah, sure, the insurance company will understand that…said no one ever.

Remember that Shakespeare wrote “all the world’s a stage” way before social media.  Someone else coined the phrase “a picture is worth a thousand words.”  Both represent the belief that people—including jurors, insurance adjusters, and defense attorneys—believe what they see more than what you say.  

If they SEE you having what seems to be a fun and normal time (no matter how much pain you claim you’re in), they will tend to believe you are greatly exaggerating your injuries—if not outright lying. They won’t see that you had to spend the rest of the day in bed to recover from the two-hour party, or that you could barely walk the next day.

If you claim you cannot drive or sit in a chair for more than 15 minutes without your back tightening up, but post photos and videos of your vacation that is a three hour plane ride away, how do you explain that inconsistency to the jurors? You may have an explanation—but it probably won’t overcome the image of you smiling for the camera on the plane or beach.  

Just Erase Everything, Right?

If having pictures up on social media could harm your personal injury case, shouldn’t you just delete them? Absolutely not!

That would be destruction of evidence.  You cannot get rid of these things anyway (clever computer forensic folks can resurrect nearly everything that was ever posted).

The advice I give to clients is to not delete any posts, accounts, or texts.  But do not actively post anything anywhere if you can avoid it.  If a coworker texts you to ask about your bad fall three weeks ago at work, don’t discuss how you’re doing. Nor should you discuss that you have hired a lawyer, gone to Disney, or went out drinking after playing golf.

Being unsocial is a much better idea during the time your case is pending. 

Why?

First of all, social media is easy to access.

Second, any competent defense lawyer can ask for various information about your social media accounts, and most judges will rule you must provide it (within some limits), meaning that everything will come out eventually.  And anything that is inconsistent, or looks like it could be inconsistent, with previous or future testimony  WILL be used to make you look like a liar.

Don’t give them a chance to make you look like a liar! 

Surveillance 

In some situations, insurance carriers spend quite a bit of money tracking and surveilling injured parties, both in workers’ compensation and personal injury cases.

Why?

Because it’s so easy to catch people doing things they claim they can’t do, and to show them engaged in activities their own doctors said they should not do. Anything that makes someone look like a liar, or appear less injured than they claim to be, is money in the bank for the insurance carrier.

I once even represented a waiter who had been concussed after falling in the restaurant where he worked.  He was off work on doctor’s orders and his “off work/TTD” check was being sent to the restaurant.  Guess who waited on the investigator and adjuster when they stopped by for lunch?  Yup, it was the concussed waiter, who was not supposed to be working.  And he was legitimately injured.  But he made a mistake in being greedy and trying to get TTD and wages.

I have also had many injured persons who have “side hustle” businesses they try to maintain while off work from their main job.  Almost every time they are caught by surveillance or social media.

It’s not hard.  You aren’t supposed to be able to work.  Your doctor says you can’t.  But you’re actively conducting business in public and someone will figure it out.

Don’t do that.  Just don’t.

Takeaways

  • Being social is great for a rich life, but not so great if you have an injury case pending
  • Social media can catch you doing something you claim you cannot, which makes you appear to be a liar
  • Jurors, insurance adjusters, and defense lawyers all will exploit these inconsistencies to take compensatory money out of your pocket. 
  • Surveillance is also used to “catch people in a lie” doing things they are not supposed to do.
  • Share less, but don’t delete, your social media posts, text messages, and be mindful of everything you do or say while your case is pending.

 Contact Chicago Personal Injury Lawyer Stephen Hoffman

In all cases involving car accidents, dog bites, workers’ compensation, medical malpractice, or other injury, immediately get medical treatment, report accidents to police and your own insurance company, and contact a lawyer with expertise in your type of case, such as bicycle accidents or pedestrians hit by cars.

If you’ve been in an accident and have questions, contact Chicago personal injury attorney Stephen L. Hoffman for a free consultation at (773) 944-9737. Stephen has over 30 years of legal experience and has collected millions of dollars for his clients. He is listed as a SuperLawyer, has a 10.0 rating on Avvo, and is BBB A+ accredited. He is also an Executive Level Member of the Lincoln Square Ravenswood Chamber of Commerce.

Stephen handles personal injury claims on a contingency fee basis, which means you don’t pay anything up front, and he only gets paid if you do. Don’t wait another day; contact Stephen now.