Injury cases require sharing personal information with attorneys, insurance companies, and courts, but you can still protect your privacy. Insurance companies and defense attorneys often overreach trying to access information they’re not entitled to receive.
Our friends at Presser Law, P.A. discuss how clients can pursue compensation while maintaining appropriate boundaries around personal information. A personal injury lawyer knows what information must be shared and what you can rightfully keep private despite insurance company pressure.
These seven tips will help you protect your privacy throughout your case.
Never Sign Blanket Medical Authorizations
Insurance companies request authorization to access your complete medical history supposedly to evaluate your claim. These broad releases give them ammunition to search your entire medical past for unrelated conditions they can use against you.
According to the American Bar Association, limiting medical releases to relevant treatment protects privacy while meeting legitimate discovery needs.
Only sign authorizations specifically limited to treatment directly related to your accident and injuries. We review all authorization requests and limit them to appropriate scope.
Lock Down Your Social Media Accounts Immediately
Make all social media accounts private so only approved friends can view content. Insurance companies monitor public profiles looking for posts, photos, or comments they can use to deny or reduce your claim.
Even private accounts aren’t completely safe because investigators sometimes friend request using fake profiles or contact your friends seeking information. The safest approach is making accounts private and posting nothing about your accident, injuries, medical treatment, daily activities, or legal case until your matter resolves completely.
Delete or hide posts from before your accident that might be misinterpreted or taken out of context.
Be Careful What You Discuss Publicly
Don’t talk about your case at work, social gatherings, or anywhere conversations might be overheard or repeated. People you tell might be contacted by investigators or defense attorneys looking for inconsistencies or damaging information.
Discuss your accident and injuries only with your attorney, medical providers, and immediate family members who need to know details. What feels like innocent conversation can become evidence twisted out of context during depositions or trial.
Limit What You Share With Medical Providers
Tell doctors everything about injuries and symptoms related to your accident, but you don’t need to volunteer unrelated medical history unless directly asked. Medical records become evidence in your case, so unnecessary disclosure of private information creates privacy risks.
When medical providers ask about your medical history, answer truthfully but focus on information relevant to current treatment rather than volunteering extensive details about unrelated conditions.
Understand What Discovery Actually Requires
Legal discovery allows both sides to request relevant information, but relevance has limits. You’re not required to provide:
- Tax returns beyond what’s necessary to prove income
- Unrelated medical records from years before accidents
- Personal communications with friends and family
- Employment records beyond what proves lost wages
- Financial information unrelated to damage calculations
We object to overly broad discovery requests and protect you from fishing expeditions seeking private information defendants aren’t entitled to receive.
Be Aware Of Surveillance
Insurance companies sometimes hire investigators to conduct video surveillance of injury claimants. They photograph or record you in public places hoping to catch activities that contradict your disability claims.
While you can’t prevent public surveillance, awareness helps you understand that your public activities might be monitored and used as evidence. Don’t engage in activities that contradict your claimed limitations even if you’re having a good day, because surveillance captures moments without context.
Investigators cannot legally record you inside your home or other private spaces, but public areas including streets, stores, parks, and parking lots are fair game for surveillance.
Screen Calls And Unexpected Visitors
Insurance investigators sometimes pose as various people to get information from you or your family. Be cautious about unexpected phone calls asking about your accident or injuries, door-to-door solicitors who seem overly interested in your situation, or repair people or delivery drivers who ask unusual questions.
Verify the identity of anyone requesting information about your case before sharing details. When in doubt, get contact information and verify legitimacy before providing any information.
Balancing Privacy With Legal Requirements
You must share some personal information to pursue injury claims. Medical records, employment documents, and financial information proving damages are all legitimate discovery requests you cannot refuse.
However, legitimate discovery doesn’t mean unlimited access to every aspect of your life. We help you understand what information must be provided versus what you can protect as irrelevant to your case.
The key is working with your attorney to determine appropriate boundaries. We know what defendants are entitled to receive and where we can draw lines protecting your privacy while still meeting legal obligations.
Insurance companies and defense attorneys often request far more information than they’re entitled to, hoping you’ll comply without questioning the scope. We review every request and object to overreaching attempts to invade your privacy.
Maintaining Control
Your injury case shouldn’t require giving up all privacy rights. Understanding what information you must share versus what you can protect helps you maintain appropriate control over personal information while pursuing fair compensation.
Don’t sign authorizations or provide information without legal guidance about whether requests are legitimate or overreaching. Once you’ve shared information, you cannot take it back even if you later learn it wasn’t required.
Contact an experienced attorney who will review all authorization requests before you sign them, object to overly broad discovery seeking irrelevant private information, protect your privacy rights while meeting legitimate legal obligations, and help you understand what information must be shared versus what you can rightfully keep private while pursuing the compensation you deserve for your injuries.