O'Malley Tunstall PLLC
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Can Facebook or Other Social Media Affect My Case?

Can Facebook or Other Social Media Affect My Case?

Think before you post to Facebook or other social media.  Just joking with your friends?  Would you want to explain that joke in court? Social Media, like Facebook, Myspace or Linkedin invites the world into your life to some degree. Remember that the world includes: insurance company employees; opposing parties; defense attorneys and judges.  In many workers' compensation claims this also means private investigators hired by the insurance company.  In Social Security claims it can mean the Administrative Law Judge. You may think you have protected your privacy, but can you be really sure? Have you ever accepted a "friend request" from someone you did not recognize? Have you ever had a computer virus in your system? It is safer to assume that anything you post can be found. Rest assured that if you have a claim, the insurance companies are checking you out on-line. What are they going to see? Something posted carelessly could come back to bite you.  Pictures of a good day while dealing with a back injury or taken out of context could and will be used against you while proving your case. Do not over share. You should not post a schedule of your activities. Before you post something, ask yourself "Would I be embarrassed if I had to explain this in court?" In the information age, information has consequences. We have all heard of people losing their job over information they posted on-line.  If this can happen than think about a jury's reaction to negative comments on facebook? Juries have to determine whether what you say can be believed; in other words are you a credible witness.  Social Security and workers' compensation judges also must judge your credibility or your truthfulness. If information you posted on the Internet is shown to them, what will they believe about you? What you post on-line has the potential to affect the outcome of your case. So count to ten before you post information on-line. If you have any doubts, don't post.

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