For many veteran attorneys, encouraging clients to steer clear of social media is a no-brainer. Individuals tend to share everything from their morning cup of joe to their Valentine’s Day dinner plans to what should be private information with their followers. It is not unthinkable that, after an accident, a person might take to Facebook, Twitter, or Instagram to let friends and family know that he or she is fine and to share medical updates before even leaving the doctor’s office. While this information might seem innocent enough, if it falls into the wrong hands, it could be bad news for your clients case and, subsequently, his or her ability to obtain pre settlement funding. For this reason and several others—some of which we detail below—it would be in yours and your client’s best interests to stress the importance of staying off social media while his or her case is pending.
When Client’s Social Media Posts do Not Corroborate the Claims
Say your client was involved in a car accident in which he or she claims to have sustained severe whiplash and a back injury that prevents him or her from performing everyday activities, including going to work. Your client files a claim for lost wages, the cost of household services, pain and suffering, and the loss of enjoyment of life. His or her case looks good—the medical evidence backs up your client’s claims, but then a photo surfaces of your client partaking in an activity that a truly injured person would not be able to do. The activity can be extreme, but it does not have to be.
For example, say your client says he or she can not possibly perform his or her job functions because of a back injury, but then the insurance company finds a photo of your client biking or carrying armfuls of groceries. Your client has just gifted the claims adjuster evidence that will likely work against your case.
How Ranting can Hurt Your Client’s Case
Even if your client refrains from posting updates or photos, he or she may take to social media to express his or her feelings about the defendant, the insurance company, and possibly even you. Though your client has every right to feel frustrated and even angry, angry rants that express anger toward the defendant and/or the civil proceedings can make your client appear to be vindictive. The courts strive to award damages to those who really need them—not to individuals who just want absolution.
Your Client May Open Him or Herself Up to Interpretation
Say your client does not post photos and refrains from going on social media rants. You assume he or she is the ideal plaintiff. But then the insurance company introduces a screenshot of your client expressing gratitude that he or she did not invest a ton of money into car maintenance in the months leading up to the accident. Though such a statement may seem innocent, the claims adjuster may use it to show that your client was also negligent and therefore deserves to accept some fault for the incident.
How might this play out in court? The claims adjuster may look for evidence of the last time your client got the brakes fixed or his or her tires rotated. If it has been awhile, the courts would have no choice but to wonder had your client’s brakes been in pristine condition, and had his or her tires been realigned, could he or she have prevented the accident? Though the courts are unlikely to shift the majority of fault to your client, they may assign him or her some of the blame, which could drastically reduce the final settlement amount.
How Staying Off Social Media can Help Your Client’s Chances of Getting Legal Funding
At Capital Financing, we award pre settlement funding to those whose cases are strong and without holes. If your client takes to social media and hurts his or her own case, it would mean that we and other lawsuit loan providers may view your client as too great of a risk. You can help your client and yourself by encouraging him or her to stay off social media altogether until the case settles. That said, if you vouch for the strength of your client’s case, and if your client is willing to do all that you tell him or her to do to ensure an optimal outcome, refer your client to our legal funding company today.
Considerations to Make Before Referring Your Client to Legal Funding
At Capital Financing, we are in the business of helping plaintiffs in personal injury accident cases obtain the funding they need to recover from their injuries in physical and financial comfort. Unfortunately, many victims of car accidents, truck accidents, premises liability accidents, and other adverse events live paycheck to paycheck. When their injuries render them unable to work, their financial situations can go from tight to catastrophic in even the shortest amount of time. One missed paycheck may mean the inability to pay rent, purchase groceries, or make a car payment. Two or more missed paydays may result in financial ruin.
In addition to having to meet regular financial obligations, accident victims also have to worry about their mounting medical expenses. Though the cost of medical expenses after an auto accident vary drastically, findings from one analytics company show that the average auto liability claim for bodily injury is $15,443. If a person does not have bodily injury coverage, he or she may be forced to pay this cost out of pocket until the case settles. A case can take months to settle, during which time the healthcare provider may hound your client for payments he or she can not make.
How You can Help Your Client Find Cash
One of the first steps you likely take as a personal injury accident lawyer is to assess clients’ monthly expenses and sources of income. You may also estimate just how long the case will take to settle as well. Careful consideration of these factors can help you glean a rough idea of how much money your client will need in the interim and for how long.
The next step, after you estimate your client’s future monetary needs, is to determine from where the money will come. You can do this by asking your client a few basic questions. Ask him or her about the following possible sources of temporary income:
- Credit card cash advances;
- Funds from savings accounts or other investments;
- Eligibility for disability insurance coverage or unemployment; and
- Borrowing from friends or family members.
In the best-case scenarios, victims have one or more of these options available to them. In the worst-cases, they have none. If your client can not get approved for a credit card cash advance, disability insurance, or unemployment, and if borrowing from a savings account, investments, or friends or family is not an option, consider legal funding.
Legal Funding Does Not Come Without Costs
Yes, pre settlement funding is a great, risk-free alternative for your client. If approved, your client can receive a lawsuit loan of up to $50,000 to cover everything from everyday living expenses to medical costs. The best legal funding companies offer same-day approval and cash within as little as 24 hours because they know that individuals who turn to structured settlements are in dire need of immediate cash. However, before your client chooses a funding company with which to work, it is important that you advise him or her on the risks the legal funding company is taking.
Legal funding companies do not expect reimbursement unless a plaintiff prevails in his or her case. If an accident victim recovers damages, he or she will repay what was borrowed plus a small fee. If, on the other hand, the victim loses the case, the funding company is out of luck. For this reason, reputable firms that offer settlement advance loans stress the terms and costs of the loans in a concise and easy-to-understand manner. The terms should leave no room for confusion or surprises at any point during the course of the case or once it settles.
If your client needs funding immediately, a pre settlement cash advance may be just the solution he or she needs. Help your client find such an advance by contacting a reputable legal funding firm today. Reach out to Capital Financing to get started.