Jason Sullivan, a trial attorney who specializes in subrogation claims, presented on the value of using social media in subrogation claims at a session called “Friend or Unfriend: Can Social Media Help or Hurt Your Case?” at the NASP Annual Conference in Orlando, Florida. Attendees received up to date information on current social media trends and available resources and tools, along with a dynamic discussion on privacy and ethical concerns.
The Use of Social Media in Subrogation Investigations
Sullivan discussed how companies constantly collect data from users, from Facebook to Waze. They use this data for a number of reasons, such as advertising and marketing. For attorneys experienced in subrogation cases, we can use social media to piece together factors in a given subrogation suit we might not have had access to in a traditional forensic investigation. Social media research can reveal potential witnesses to an incident, fraudulent behavior by a tortfeasor, or new circumstantial evidence that could make the difference in recovering losses in a subrogation judgment.
Jason also touched on the ethical concerns that come along with gathering information on people via social media. It is ethical to use it? Is it unethical to ignore it when we know that it’s a significant factor in most people’s lives? Some Bar Associations have begun to implement restrictions on how lawyers investigating a subrogation case may access someone’s information on social media, specifically, by prohibiting the use of fake accounts or misrepresenting their true identity to the subject of the investigation.
Attorneys who Stay Ahead of the Tech Curve in Subrogation Litigation
RG’s investigatory techniques in each subrogation case we manage position us to maximize recoveries. . Like Sullivan, our attorneys who focus on subrogation understand the need to keep up with the ever-changing world of social media.
If you would like us to present this information to your group, or to learn more how Rathbone Group can assist you, please email us.