A Common Scenario
Did you know that if you file a lawsuit, the opposing party could be entitled to a copy of your entire social media history? Here’s how to fix that. Consider this common scenario: You are injured in an accident that was somebody else’s fault, be it a car wreck, a work accident, a fall caused by dangerous conditions, or something else.
The at-fault party’s insurance company refuses to pay the claim for your injuries and medical expenses, so a lawsuit is filed on your behalf. The opposing attorney, wanting to prove you are not as injured as you really are, seeks a complete copy of your Facebook history. If he’s lucky, he’ll be able to find pictures or written content that show you participating in an action or activity that an injured person shouldn’t be capable of doing. By manipulating the narrative of these posts, the defendant’s attorney can harm the validity of your claim by asserting that your injuries warrant less damages.
Is he allowed to violate your privacy like this? Maybe. While the law in this area is still developing, most jurisdictions agree that a social media account viewable to the general public does not generate the same expectations of privacy that are inherent to an account with limited viewership, such as a Facebook page set to “private” that only friends can view.
The Benefits of a Private Facebook Account
The personal posts on your Facebook account are like the pictures you hang on the walls of your home. With a private account, these pictures are only viewable to the people you invite inside, so you have an expectation of privacy. Because of this, more and more courts are refusing to allow broad fishing expeditions into people’s private lives and are only permitting access to private social media information where there is a specific request for posts that are relevant to the case.
This factor is just one more reason to lock down your privacy settings so that only trusted people can have access to your personal life!
Do You Require Legal Representation? Call Parker Alexander Today
You may have grounds to file a personal injury claim if you’ve been injured by the negligent or wrongful actions of a person or corporate entity. However, before taking legal action or accepting a settlement, it’s critical that you discuss your options with a qualified and experienced legal representative.
The personal injury attorneys at Parker Alexander have decades of legal litigation experience and a comprehensive understanding of this challenging and multifaceted legal field. You can rely on our team to meticulously investigate your case, calculate your claim’s maximum value, and develop a litigation strategy that proves the at-fault party is responsible for your injuries and financial losses. We can also negotiate with the defendant’s insurance provider to help you obtain the compensation you deserve. Of course, we’re also prepared to fiercely advocate for your interests in court if the insurer refuses to provide a sufficient settlement offer.
Contact Parker Alexander at (318) 625-6262 to schedule a free case evaluation.