The objective of social networks is to create global awareness of our surroundings, allowing individuals to share just about anything with others. Other than connecting the world as we know it, social networks can also promote businesses and causes, allowing individuals to stay informed on current events. Though designed to have a positive impact, many have used such platforms to create a negative impact on their lives. Let us have a deeper look at how your social network presence may impact your injury case and provide an insight on how to manage your network presence during an accident. Consulting a reliable personal injury lawyer can also help you navigate the complexities of your case and ensure your online activities do not harm your legal standing.
This digital age has continuously opened new avenues for lawyers and attorneys to gather evidence and this is also the case in self-injury cases. A simple and innocent highlight may turn out to be an exhibit in court. This said, your social network presence has both a positive and negative impact on law cases. Let us shed some light on its impact on such cases looking into what not to do during your lawsuit.
So, just how active are you online? There is a great transformation occurring in law where online media outlets create an effect on harm proceedings. Posts have had an impact on personal injury cases. Imagine having to file for an injury case while you posted you went out bungee jumping a few hours before or after the time of the claim. Would this update have a positive or negative effect on your case?
In the event you have already posted your accident on an online platform, you are recommended to follow the following process to ensure that you receive relevant compensation.
It is recommended that individuals seek the assistance of a recognized and reputable attorney to handle such cases. They have the knowledge surrounding these cases and they will guide you on how to go about it to benefit your case/ use it to your advantage.
It is one thing to post an accident but it is another thing to follow it up with more content, venting out online be it on Facebook, Twitter, or on Instagram. While you are free to air anything, the consequences of your posts result in a negative impact on your claim.
Deleting existing content raises eyebrows, making it seem like a cover up. It will bring about contradiction thus giving the opposition reasons to question the information provided. This may also delay the proceedings in your case because right about everything seems questionable.
Lawfully, active participation online is not just about fun moments and catching up with friends and family but it is also used to collect legal documents. A post, that to many, comes out as casual to an individual, will be used (when the time arises) as evidence in court or during the proceedings. As such, a post by an affected party involved in an accident can be considered a statement made by the party. According to the Nevada Rules of Evidence, this statement will be considered reliable in court records.
Keep in mind that what you put up on your accounts is posted voluntarily and without coercion thus making this type of information credible as compared to hearsay. However, it is important to know that even private posts can be scrutinized. In addition, you need to understand that posts on platforms such as Facebook or Twitter are not always admissible. Other lawful factors must be considered including:
Summary: Be careful before posting for your internet community because while it may look like fun, the post may be used as legal evidence in a case. Any update regarding an accident or injury could come back to bite you even for private accounts. In addition, every post must be authentic before it is admissible.
Below is a list of tips to look into when posting to secure your claim. Following the basic procedure will increase the chances of winning.
This is crucial if you are going to win your case. An attorney will guide you on how to use online presence to your advantage or if you will have to stay away from your accounts entirely.
During such a situation, the internet can impact your case positively or negatively. Therefore, remember that every post especially during an injury lawsuit will serve as a digital footprint that will be scrutinized.
Limit release of sensitive information online. Posting your participation in a workout challenge may look like an effort of increasing activity on your media accounts but what is the impact during your personal injury lawsuit? According to research, revealing too much information negatively affects such cases because it gives the defendant ammunition against your claim.
This gesture will lead courts and insurance companies into suspecting that the individual is destroying possible evidence (foul play).
Attorneys will look for any inconsistency in your post with the objective of undermining your claim. If your claim indicates severe back pain yet you post a few days later that you enjoy an evening walk with an attached photo, it brings about contradiction thus weakening your defense.
Check-ins indicate where individuals visit. Several check-ins to restaurants and other places provide evidence for the opposition to challenge your claim’s validity. Therefore, do not be tempted to share that “harmless” dinner at your favorite spot during the lawsuit as it will make your claim inconsistent.
Insurance companies will not only look at your accounts but also consider accounts to persons related to your case. For example, an individual involved in a car accident may suffer neck injuries according to his claim. The victim’s wife may subsequently post a vacation at the beach with the victim in her photos. This will weaken your defense because the defending attorney will claim that the injuries are not severe.
A: A limitation refers to the period in which a personal injury lawsuit should be filed. In the U.S, it is normally about two years since the accident (injury). This also applies to evidence provided from online media accounts.
A: During a personal injury claim, it is recommended that you stay clear of your social media accounts especially on matters concerning the accident to avoid contradicting your testimony.
A: Having a private social account does not prevent it from scrutiny. This means that you are not exactly safe from criticism on your posts. Even private accounts and posts are accessible especially where the law allows for scrutiny to provide adequate and sufficient evidence in a hearing. In addition, you cannot control what your connections do with the post/content you post. Once your connections share the post, it is in the public domain and insurance companies can use it for or against you.
A: Insurance companies will access your social media accounts looking for things such as photos, check-ins, and comments. They will be looking out to prove that your pain is not as bad as you claim. For example, an insurance company will try to fish out for photos showing that you went out to work or vacation. If you are able to continue with your day-to-day activities, then the injury was mild and this will also reflect on compensation negatively.
When involved in an accident, your online presence can be your worst enemy or your biggest source of help depending on how you use it. With the above outline, you will be able to understand the impact online attention will have on related lawsuits. Do not be quick to release too much distinctive information or to vent out publicly. Keep in mind that every authentic post for your internet community is and will be considered legal evidence in a court of law. Therefore, it is crucial to seek legal guidance from an experienced and reputable attorney because they understand the pitfalls and challenges that come with being online before and during a court hearing. They can advise on how to navigate these platforms without compromising the claim at hand.
Chang, Yun-chien and Eisenberg., et al,. (2017). An Empirical Study.”14 Journal of Empirical Legal Studies: "Pain and Suffering Damages in Personal Injury Cases.
https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=2759&context=facpub
Federal Rule of Evidence.( Rule 401.) Test for Relevant Evidence
https://www.law.cornell.edu/rules/fre/rule_401
Rajeshni Naidu-Ghelani. (2018)..Social Media Users should Never Assume “Private means Private.” https://www.bnnbloomberg.ca/facebook-cybersecurity-1.1032518 https://www.leg.state.nv.us/NRS/NRS-051.html
Federal Rule of Evidence.( Rule 401.) Test for Relevant Evidence
https://www.law.cornell.edu/rules/fre/rule_401
Rajeshni Naidu-Ghelani. (2018)..Social Media Users should Never Assume “Private means Private.” https://www.bnnbloomberg.ca/facebook-cybersecurity-1.1032518 https://www.leg.state.nv.us/NRS/NRS-051.html