08192017Headline:

Vancouver, Washington

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Don Jacobs
Don Jacobs
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Facebook and personal injury claims

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With the popularity of Facebook and MySpace, people are putting more and more personal information out on the web. If someone is injured in an auto accident, they naturally want to inform their Facebook friends and family about their injury and medical care. They may want to describe the facts of the collision. Some even make the blunder of typing in what their lawyer told them about the prospects of the case. While this isn’t necessarily bad it can cause unexpected and potentially adverse effects on a consumer’s legal case. Somehow insurance defense lawyers seem to be able to access these pages and use this information to their advantage. Under lawyer client confidentiality rules, a client can’t be forced to disclose what their lawyer advised them about the prospects of their legal case. However, putting the lawyer’s advice on Facebook can be considered a waiver of this privilege. The best advice if you maintain one of these pages is not to discuss any pending insurance claim or any ongoing litigation. If you don’t heed the advice your entries may be used against you later. The fact you intended the information to be private won’t help if it somehow leaks out.

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  1. Mike Bryant says:
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    Very good advice. There has been cases of fake friend requests being used to discover information.