While the court system is still adjusting to social media being used in injury cases, it is most commonly used to prove aspects of a case by either the plaintiff, defendant, or insurance company. In a personal injury case, the plaintiff is trying to claim damages due to the negative impact an injury has had on their life. As a defense lawyer, their job is to refute the claim and prove the plaintiff is being dishonest or exaggerating their injury. A few tactics defense lawyers commonly use are:
Social media posts that seem innocent can produce damaging evidence. An example may be, if the plaintiff claims they’ve suffered a debilitating back injury and can no longer work, but then posts a video of them practicing softball with their kids. A seemingly harmless post of a person bonding with their kids can be used as evidence that their injury isn’t as debilitating as they claim.
Another way plaintiffs can damage their personal injury claim is by posting details about their injury, the accident itself, or their recovery. By doing so, an individual may think they are simply keeping their friends and family updated on their progress, but in fact can ruin the chances of winning compensation for their injuries. Pre-accident or injury posts can also be detrimental. If the plaintiff was complaining of a sore back before the accident they claim caused their back injury, it could potentially impact their injury case as well.
After suffering a serious injury, the individual should contact an experienced personal injury attorney, like those at Kaufman Law, to help them navigate not only the legal process, but also to learn how simple lifestyle changes can protect their case. A simple Instagram or Facebook post could end up costing an injured person thousands or even millions of dollars. Calling a well versed attorney as soon as possible helps the injured party have a successful case and get the money they need to get back on their feet.