FACEBOOK AND PERSONAL INJURIES (MR. ZUCKERBURG STRIKES BACK)

Facebook has become a portal where everyone has the capability to share their thoughts, activities, and other information. Therein lies the danger. If you have a car wreck, work injury, or other personal injury, the insurance companies will try and get it and can! However they must make a factual showing 1) it is relevant 2) it is inconsistent with your  position taken in the case, e.g., claiming mental anguish – but having a photo of you  drunk outside a bar 3) it must be done through the insurance company asking your attorney to produce it – Rule 34 4) it cannot be obtained through a blanket authorization where the stuff is sent directly to the defendant 5) your attorney or a special master reviews it and produces relevant material 5) it cannot be a fishing expedition. BOTTOM LINE DO NOT USE FACEBOOK AFTER AN INJURY!

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