Social Media’s Impact on Personal Injury Claims
Posted on October 4, 2017 in Personal Injury by Folkman
Many social media users believe if they set their page settings to private, their personal lives will not be broadcast across the internet. However, this misconception is causing a lot of trouble. Online bullying, cyber-stalking, and individuals posting incriminating evidence have all become commonplace online, leading to severe implications for those involved. Information posted on the internet is easily accessible to various uninvited parties and can be recovered long after deletion to be used against the responsible party in a court of law.
Individuals who file personal injury lawsuits are among those most haunted by their social media posts. The intent of a personal injury lawsuit is for a plaintiff to receive compensation after they have experienced significant pain and suffering from having harm or injury inflicted upon them. They must prove the harm was life-altering and caused by another’s negligence and that they are deserving of monetary compensation to mend the damages endured. Unfortunately, it is all too common for plaintiffs to post contradicting information on social media that undermine their claims.
Social Media Can be Used to Undermine Your Claim
Defense lawyers gather evidence a number of ways including interviewing a plaintiff’s friends, family or employers, or even hiring a private investigator. Nowadays, the easiest way to obtain incriminating evidence is from a person’s social media profile, as it is easy to access and provides concrete proof that a defense lawyer can present in court. Whether the post tied directly to the incident or not, the defense will try to twist a situation to show the plaintiff is exaggerating their alleged injuries and is not eligible for compensation.
For example, if a person who suffered a serious back injury in a car accident caused by another driver’s negligence is later “tagged” in a photo lounging on a fishing boat, the defense may use that as evidence that the victim was not as severely injured as he or she claims. This may be the case even if the photo was taken prior to the accident, though shared on social media at a later date. The point of the tactic is to cast doubt in the mind of a judge or jury as to the legitimacy of the plaintiff’s claims. Although controversial, using social media posts to sway a verdict has become a common practice amongst defense lawyers to ensure their success rate in court.
Many individuals are quick to post their latest frustrations online to followers. Defense lawyers commonly exploit this information to show plaintiffs as being bitter and money hungry in attempt to sway a judge in favor of the defense. Similarly, happy social media posts may allow a defense lawyer to illustrate the plaintiff in a positive light to show they are not affected as greatly by the alleged injury as claimed. For individuals planning to file a personal injury claim, it is essential to stay off social media to avoid being potentially caught up by an innocent post in this manner.
Cherry Hill Personal Injury Lawyers at Folkman Law Offices, P.C. Advise Clients on Use of Social Media and Other Factors that Can Affect Their Claim
Folkman Law Offices, P.C. has a track record for obtaining successful outcomes for our clients. Our success is your success, and we will fight to ensure justice is served. Our Cherry Hill personal injury lawyers can assist with all accident or personal injury claims. We have convenient office locations in Cherry Hill, New Jersey, Philadelphia and King of Prussia, Pennsylvania. Speak with a reputable Cherry Hill personal injury lawyer by calling 856-354-9444 or submit an online inquiry today. Our trusted attorneys are committed to your recovery.