Personal Injury Lawsuits and Social Media
July 25, 2017
BY: Domhnall O'Cathain
Social media can make and break your personal injury case.
How Social Media Affects Personal Injury Cases
Think of the 25-year-old girl whose knee smacked against the dashboard when another car crashed into her car.
A few days after the accident and the pain in her knee still didn’t go away. Her doctor sent her for a MRI that showed a tear in her knee. The doctor recommended surgery. The surgery was done and her knee is better, but her knee is still not the same as before. She explains this in her deposition.
The deposition continues and the other lawyer pulls out a Facebook post that shows her at a wedding with the comment “five hours of dancing, never felt better”. The lawyer doesn’t care that it was her sister’s wedding, she had been drinking, and had to go back to physical therapy the following week because the pain in the knee was so terrible.
Think of the man in Georgia who was injured by the girl where it is claimed that she was driving at a speed of 107 mph, causing injury to the driver of another car that crashed with her (http://mobile.nytimes.com/2016/05/04/us/snapchat-speeding-teenager-crash-lawsuit.html).
Where did they get that speed from? Snapchat lens, a feature that will track your speed while driving! Apparently, Snapchat technology is making the speedometer a part of history.
She argues that the other driver is at fault, saying that he came into her lane. Did she post that on social media? I don’t know.
What did she post on snapchat? A picture of herself with blood streaming down her face with the comment “Lucky to be alive”. The picture is powerful and could make you feel sympathy for her even though she was driving recklessly.
Think Before You Share
There was a time when these posts had a shock value. Today, we are surprised if there is nothing on social media about an accident.
What do we suggest?
- First, make you social media settings private.
- Second, if you are going to post something that will impact your lawsuit, do it in a way that cannot be misinterpreted.
Don’t give the insurance companies any ammunition to damage your case.
Experienced Personal Injury Lawyers in New Jersey
Social media can definitely affect the outcome of a personal injury lawsuit. Contact the experienced New Jersey personal injury lawyers at Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain for legal consultation.