Reasons Why You Should Not Discuss Your Personal Injury Case Publicly

Posted on behalf of James Lynch on December 15, 2022  in Personal Injury News. Updated on May 25, 2023

woman speaking to a group of people with microphonesYou may be tempted to discuss your accident claim online or in some other public setting. However, this may not be a good idea. Remember the details of your claim should be kept private to avoid letting the insurance company use the things you say against you.

Below, we discuss reasons why you should not talk about your personal injury case publicly.

If you were injured in a crash and need assistance filing a claim for compensation, call our New Jersey personal injury lawyers today. We offer a free and confidential consultation. We also do not charge you any upfront fees while we work on your case.

Insurers Sometimes Hire Private Investigators to Follow You

There are times when the insurance company may hire a private investigator to dig up any reason to deny your claim. This is a perfectly legal move by the insurance company.

A private investigator may be able to eavesdrop on your conversations while you are in public. A public conversation could include one you are having on a cell phone while in a public setting. Although it is illegal to record the exchange, he or she may be able to take notes and report the things you say back to the insurance company.

If you must discuss your claim over the phone, it is best to do so in the privacy of your own home. Remember also, that private investigators cannot be on your property without express permission from you.

What You Post Online May Be Visible to the Public

Even if the insurance company does not hire a private investigator to dig up stuff on you, the insurance adjuster may still scroll through your social media and other online posts. This includes things you post on:

  • Facebook
  • Instagram
  • Tik Tok
  • Twitter
  • Public forums
  • Reddit
  • LinkedIn
  • And more

The at-fault party responsible for your injuries may search your online activity as well. You may think your social posts are private because you have enabled the privacy settings. However, it is important to keep in mind that someone somewhere may be able to see it. Therefore, the best option may be to refrain from posting at all. If you cannot refrain from posting for whatever reason, then you should make sure you do not discuss any aspects of your claim, the crash or your injuries.

Talking to the Media May Backfire if Your Case Gets Enough Attention

Most people do not have the means to cover the costs of their medical bills after an injury. Therefore, they may turn to the public for help. Usually, there is no better way to do this than by talking to the media about the accident and your inability to pay for medical expenses. This generally draws sympathy from the public. People may even donate to a crowdfunding site like “GoFundMe.”

However, this may not be a good idea for several reasons. For one, if you start a crowdfunding effort, the insurance company may try and argue that you have the funds to cover the costs of your damages. Therefore, they should not have to pay you compensation.

The insurance company may also try to argue you are only filing a claim to gain attention. Of course, they must still prove this to a jury if the case goes to trial.

Another drawback of talking to the media about your case is that the story may get twisted or some facts left out that could make you look bad. News outlets only have so much time allotted for a story, so a key element of your statement could get left out or misconstrued. The insurance company will be sure to try and use anything you say against you.

People You Should Discuss Your Claim With

To protect the value of your claim, you should limit the number of people you discuss it with.

You should only discuss your claim with your attorney and immediate family. Your attorney is legally bound by attorney-client privilege, so he or she may not discuss your claim with anyone else. Your immediate family is likely to be just as affected by the outcome of your claim. They will also see how it affects you on a daily basis.

Although you may think you need to discuss your claim with your doctor, this is false. The only thing you should discuss with your medical providers is information about your injuries. You should not talk about how the accident happened, what the insurance policy limit is or anything else that pertains to the facts of the case. This is because your doctor’s notes may be disclosed to the insurance company.

Call an Attorney Today

Protecting the value of your claim is important after an accident. Our attorneys are prepared to help you hold the at-fault party accountable for their negligence.

We can discuss the details of your claim during a free, confidential consultation. There is no obligation to take legal action. We do not charge you anything up front or while we work on your case.

Call (800) 518-0508 to see how we may be able to help.

* Results may vary depending on your particular facts and legal circumstances.

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