If you have been injured in an accident with a semi truck or any other vehicle and make a claim for your damages, the lawyer for the insurance company on the other side will look for any possible way to avoid paying for your claim and save money for the insurance company. One way that is being accomplished successfully in injury cases is through the discovery of posts and pictures on social networking sites like Facebook and Myspace. Facebook, Myspace and similar websites are great ways for people to stay in touch with friends and family members to let them know what is happening in their lives on a constant basis. However, the messages, comments and pictures that are posted on these websites can be used against a person who is making claim for damages as a result of an injury accident.
For example, there was a recent personal injury case in Jacksonville, Florida where a person was in an accident with another car and suffered a back injury that required surgery. That person later filed a lawsuit against the other driver when the other driver's insurance company made only a minimal offer for his damages. After the plaintiff's surgery, he went through a long course of physical therapy. At the end of his therapy, his close friend had a wedding. The plaintiff went to his close friend's wedding but was unable to dance, drink or enjoy himself. After an hour or so, he went home. Of course, pictures were taken at the wedding which ended up on Facebook. The defense attorney representing the other driver's insurance company obtained those pictures through discovery during the lawsuit and attempted to use them to show that the plaintiff was now fully recovered and able to do all of the things guests do at a wedding. The defense attorney for the insurance company saw an opportunity to mischaracterize some wedding pictures and argue that the plaintiff was no longer injured.
Of course, if you are involved in a lawsuit after an injury accident and post pictures of yourself on Facebook or Myspace water skiing, playing flag football or doing any other activity inconsistent with what you claim are your injuries from the accident, the defense attorney will try to get those pictures and they will severely damage your case. Even seemingly harmless and irrelevant pictures like the ones referenced above can be the basis of an argument by the insurance company's lawyer to undercut your claim. Of course, any messages on your website about your case or what you plan to do with your money can and likely will be used against you in court.
The lesson, of course, is that if you have been injured in an accident and are making a claim for your damages, be very careful about what you post on the Internet, whether it is a comment, picture or anything else. Consider whether you would want the judge or jury in your injury lawsuit seeing the information before you post it. If it is something you would not want a judge or jury in your personal injury case to see, do not post it on the Internet. Even if it seems relatively harmless, consider also that the insurance company's lawyer may still try to use it against you somehow. The best approach is to avoid posting anything even remotely related to any issue in your lawsuit until the case is over.
