THE IMPACT OF SOCIAL MEDIA IN PERSONAL INJURY LITIGATION
Social media usage is one of the most popular online activities in the United States with approximately 82% of the population having at least one social media profile. People use social media for various reasons, such as keeping in touch with family and friends, business networking and advertising, public discussion and to share personal or third-party created videos and photographs. Depending on a social media user’s privacy setting, some or all of the content on the user’s page could be viewed by the general public. This content may include personal information, photographs and videos at work, recreational events or on vacation.
When it comes to assessing the amount of compensation a claimant or plaintiff should receive for injuries sustained in an accident due to another’s negligence, lawyers and insurance companies consider several factors. Some of the key factors include: 1) the severity and permanency of the claimed injuries; 2) missed time from work or medical bills; and 3) the nature, extent and duration of the claimant’s pain and suffering.
When assessing the third factor, which tends to be more subjective with unique circumstances in each case, social media posts could seriously undermine a claim for pain and suffering. These kinds of posts could inadvertently show the other side in a litigation what your physically able to do or give a false impression that you are pain free and able to go about your daily life and activities just as you would have prior to being injured. Your statements to family and friends, and their statements in response, could also be used against you in a personal injury litigation. Given these risks, it’s best to avoid posting on social media after being injured in an accident and while your personal injury claim is pending.
The experienced attorneys at Nappi Klozow, LLP offer free personal injury consultations and will provide you with necessary legal advice about your rights and the best practices in building a case to maximize compensation for your injuries.
Disclaimer: The information on this website is general information only and should not be construed to be legal advice nor the formation of an attorney/client relationship.