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Don’t Talk to the Opposing Insurance Company or Post About Your Injuries Online

Whether you are filing a workers comp claim or attempting to seek a reasonable settlement after experiencing a personal injury, there are some things you’ll want to keep in mind if you don’t want to find yourself dealing with unexpected legal or insurance headaches. First, avoid talking to the opposing insurance company. Second, don’t post about your injuries online. Now, here’s why these two pieces of advice are so important.

The Opposing Insurance Company Doesn’t Have Your Best Interests in Mind

Speaking with your own insurance company after an accident is often necessary because they’ll need to know what happened so they can take appropriate actions on their part. Dealing with the opposing insurance company is entirely different.

Any opposing insurance company is going to have their best interests in mind, especially with a personal injury case. After a car accident, for example, it’s common for the other party’s insurance provider to contact you. However, you are under no legal obligation to speak with them. If you are not careful, attempts may be made to convince you to take the following actions:

  • Agree to a quick settlement for a lower amount
  • Sign documents that may waive your legal right to take further action
  • Accept a lower settlement if your reconciliation of the accident isn’t in line with what you stated in legal documents

Online Posts Can Be Used Against You

Personal injury and workers comp cases can quickly fall apart if you’re not cautious with social media and other forms of online posting. This is especially true with how you describe the nature of your injuries.

If you have a back injury, for instance, a post showing you playing with your kids post-injury may be used by the opposing insurance company as proof that your injury isn’t too serious. Even a seemingly innocent post that states “feeling much better today” could be used to contradict your claims about the extent of your discomfort. Also, be just as cautious with:

  • Posts about future plans
  • Personal pictures you post that could be used to infer how well you are functioning after your injuries
  • Commenting about your current situation or the status of your case

Depending on the nature of your case, you may also be advised to remove certain online content. For instance, if you had previous issues with your back or neck you posted about, this information may be used to suggest symptoms you are now claiming to have already existed.

Why Contact a Lawyer?

There may be times when you’ll need to contact the opposing insurance company to clarify certain details or speed up the settlement process. If this is the case, it’s best to let an attorney communicate for you so you don’t reveal details that could be used against you. It is, however, reasonable for your employer’s insurance company to request additional details about a workplace accident. Even so, you do have a right to have a lawyer lend a hand with this process so you don’t make unintentional missteps. An experienced lawyer can provide additional guidelines unique to your personal injury or workers comp case.

Jack D. Franks

Jack D. Franks, inspired by his father and the biography of Clarence Darrow, is dedicated to helping clients stand up for their rights at Franks Gerkin Ponitz Greeley. With a background in multinational and commercial litigation, Jack specializes in personal injury, complex commercial litigation, and general business law. He has also served as Chairman of the State Bank Group and was the first elected Chairman of the McHenry County Board, playing a key role in the impeachment of former Governor Blagojevich. Jack enjoys Chicago sports, hiking, and fishing in his free time.

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