Facebook, MySpace, other Social Network sites being used against injured victims

One major question that courts look at in determining whether to make social network information discoverable to the insurance defense lawyers is the inured victim website user’s expectation of privacy when that information was posted. Any “public” information that is accessible to any person who happens to click on your profile will almost certainly not be subject to any expectation of privacy, and will likely be discoverable. Even information that is only viewable by the users’ preselected “friends” can potentially lose this valuable expectation of privacy. Therefore, it would be wise for any injured car crash victim using these sites to maximize the privacy settings available to them.

If your social networking pages contain questionable comments, wall posts or photos, you should consider making your profile private to ALL viewers to minimize the risk that this information could be used against you in your injury, workplace accident or disability case.

Furthermore, you should NEVER put anything on these sites that discusses your lawsuit or any injuries you may have suffered. You should also be wary of photos posted by other friends in which you have been “tagged” showing you in compromising situations (i.e., holding a bottle, doing activities inconsistent with your claims of disability, actions of questionable moral character, etc.). If their profile is public, the photos of you could be used against you. You also need to be sure not to accept friend requests from people you do not know. These could be people working for the negligent defendants’ insurance company lawyers attempting to look for incriminating evidence on your profile.

A lawsuit is a delicate process where a seemingly minor piece of evidence can quickly turn a rock-solid case into a no-win situation. It is becoming more and more common for this electronic evidence to come from social networking sites where the user is unaware of the ramifications of their postings. Make sure you take the steps necessary to make sure that your case is not damaged by your online social network presence. With regard to your social network sites, the Landau Law Shop suggests – If in doubt, take it out !