We are now at an age where just about everyone has at least one social media account. Even businesses have multiple accounts in order to keep in touch with customers and advertise their services. But there’s no denying that social media is an open book when it comes to a person’s life. Granted, it’s up to you to post the message or photo, but it’s very easy to publish something that you end up regretting.
Which brings us to an important question: Should I erase or set to private my Instagram page:
- If I am in an active auto accident case?
- If I have an active slip and fall case?
- If I have an active worker’s compensation case?
- If I have any type of active injury case?
To help answer these questions, let’s take a look at the pros and cons of using social media during a personal injury lawsuit or worker’s compensation claim.
The Pros and Cons of Social Media after an Accident
We understand the trauma and isolation you may feel after an accident, which is why many people go on social media. For one thing, many people in your life will be worried about you and this is an easy way to keep them posted. You may also find comfort in connecting with other individuals who are in your situation. They may have advice on medical and mental health treatments, or just sympathy for what you’re going through.
Unfortunately, these benefits are greatly outweighed by the cons of social media activity when you have an active injury case. You must always keep in mind that these accounts are public, and the person you are suing can also look at what you’re posting. In fact, this is one of most common ways that personal injury defendants find evidence that can work in their favor. This can lead to your case being dismissed or force you to accept a settlement that’s less than what you actually deserve.
If you’ve filed for worker’s compensation, evidence can also be used against you by your employer. For example, if your injuries don’t seem as serious as you are claiming, you can be charged with providing false information in order to obtain benefits. If you’re receiving benefits already, you can face criminal charges in the form of a misdemeanor or felony.
For more information on your legal rights as an accident victim, contact our office and schedule a free case evaluation.
The Difference between Erasing and Privating an Instagram Account
Now that we’ve covered the dangers of social media during an active lawsuit, let’s talk about the difference between erasing and setting an Instagram account to “private.” When we talk about erasing, we’re referring to the act of deleting your entire account. According to Instagram:
“When you delete your account, your profile, photos, videos, comments, likes and followers will be permanently removed.”
This is a pretty drastic action, and we understand if this is not something you’re interested in. Some accounts, after all, have hundreds to thousands of pictures and videos, and even more followers. The account is a big part of the user’s life, and getting rid of it permanently is a huge decision.
As a result, some of our clients ask if they can just private their account. What does this mean? When you set your Instagram page to private, you can control who can have access to your posts. Essentially, you can limit your visibility to trusted individuals, like friends and family. This can be a helpful option to keep out people who can hurt your injury case. But it won’t keep your loved ones from sharing your posts with others.
We’ve had many clients tell us that their loved ones can be trusted to not share the posts, but experience has shown us this is often not the case. In most situations, family and friends share the picture or video because they feel it’s irrelevant to your case and will not cause you any harm. But you never know how something can be used against you when you are suing someone for monetary damages.
What if I Delete any Posts that can be Used Against me?
This is usually the follow up question when we advise clients on the cons of privating an Instagram account. But here’s the problem when you comb through your account to look for incriminating posts. Depending on where you are with your case, deleting Instagram photos may be seen as tampering with evidence. In short, the other side may argue that you are deliberately destroying evidence that can invalidate your claim.
The other issue has to do with the simple fact that social media posts never really go away. The other side may have a tech expert who can somehow recover the post. Or, the post may have been downloaded and reuploaded by one of your friends, or even a complete stranger without your knowledge. Unfortunately, these are the realities of living in the digital age.
Play it Safe by Deactivating Your Instagram Account
So what’s the answer if you have an active lawsuit but don’t want to delete your Instagram account? The most sensible solution is to temporarily deactivate your account. By deactivating your Instagram page, you can temporarily hide all pics, comments, and likes from being seen by anyone, including your followers. You can reactivate the account by logging back in, which means you have to commit to staying away from Instagram during the course of your injury claim.
Here are some factors you should be aware of when it comes to deactivating an account:
- You can only deactivate your account once a week. So if you log back in, you’ll have to wait one week before you can hide your account again.
- Make sure to deactivate your account on all your devices, including your computer, phone, and tablet.
- Make sure to follow the correct procedures, which are based on your device’s operating system (Android versus iOS).
We know it can be difficult to resist the urge of checking on your account. Injury cases can take a long time to resolve, and not being able to enjoy what used to be a daily activity can be agonizing. When the urge hits you, think of all you have to lose by posting a photo or commenting on someone’s post. Even something as simple as being at your mother’s birthday party can be used by the defendant to say that your injuries are not that serious.
Other Precautions you Should take with an Active Lawsuit
Deactivating your Instagram account is just one of the ways you can protect your right to compensation. Here are some other steps that we recommend for those with an active injury claim:
- Do not accept any new friends or followers on any of your social media accounts.
- Do not create any new social media accounts under your own name or a pseudonym.
- Be careful with what you say in emails and texts (anything that leaves a record).
- Discuss your case as little as possible with people in your life.
- Only follow medical advice that’s been given to you by a doctor.
- Do not accept legal advice from anyone else but an attorney.
That last recommendation is especially important, as many people are eager to offer advice on how you should resolve your injury claim. While most people mean well, each accident has its own set of factors, which will determine the legal strategy that should be used. This type of information should only be obtained from an experienced personal injury lawyer.
Free Second Opinion
Perhaps you have found your way to this article because you are in need of legal advice, but you’re unable to get in touch with your attorney. You may have other issues with your lawyer and how they are handling your injury case. If these statements resonate with you, please come and see us for a second opinion.
One option we can explore is switching your lawyer, though you’ll need to make sure that this is in your best interest. One of our attorneys can advise you on the pros and cons of firing your lawyer, and what we can do to settle your case as fast as possible. Based on the circumstances of your accident, we may be able to settle your case in 30 days.
Even if you decide to stay with your lawyer, the second opinion is completely free. However, if you want to make the switch, we’ll do all the work that’s needed to transfer your case to our firm. Just give us a call and schedule a free second opinion with one of our attorneys.
Our Zero Fee Guarantee
Legal fees are the main reason so many people avoid speaking with an attorney. Even those with an active lawsuit are afraid of paying additional fees if they switch to another lawyer. That’s one thing you won’t have to worry about when you choose Normandie Law Firm. Regardless of where you are in your case, you will be eligible for a Zero fee guarantee. Under this policy, you pay nothing to retain our services, even if your case goes to trial. We only get paid by winning your case, and if we don’t win, we eat the costs and you walk away without spending a penny.
If you’re in need of high-quality representation for an accident injury case, contact our law firm to schedule a free consultation.
