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Oftentimes, a personal injury case will involve an evaluation of pain and suffering. Today, many people actively use different forms of social media, which can be used by a defendant to prove that such claims are false. For instance, if someone is claiming that an injury has lead to chronic foot pain, but is then captured in a photograph wearing high heels.
A defendant’s attorney may use this posted photograph to undermine plaintiff’s case. Similarly, any post may be misconstrued or used to show that plaintiff could be exaggerating his or her injuries. Here are a few tips to keep in mind:
Many victims may feel tempted to post on social media to inform family and friends that he or she is okay following an accident. In addition, he or she may be tempted to post a picture of healing wounds or express feelings of joy and gratitude. However, expressing happiness may be detrimental to a case, especially when a victim is alleging emotional distress.
Cases involving collisions have resulted in a judge dismissing the victim’s claim. In one case, plaintiff alleged that she could no longer dance or engage in other physical activities. However, a post-accident pictured posted to Facebook showed the victim dancing at a party. The victim claimed it was a posed picture. However, the judge still ruled against the plaintiff because it undermined a claim of loss of enjoyment of life. This demonstrates how important it is not to post on social media following an accident.
A former Home Depot general manager filed a suit alleging gender discrimination. The claim alleged that the former manager experienced isolation from friends after being wrongfully terminated. Plaintiff’s Facebook page contained dozens of happy birthday messages. Defendant argued that a person who is socially isolated would not receive this many birthday wishes, which presented inconsistencies in plaintiff’s claim. This demonstrates how a defendant’s attorney will access information and use it against a plaintiff.
Always remember the defendant’s attorney can view your social media page, so always consult with a lawyer before posting to a profile or consider deleting your accounts so that the information on the page cannot be misconstrued. However, if it is necessary to keep your social media accounts, make sure your profile is set to private through your settings.
If you or a loved one has been injured in an accident, it is important to contact an experienced personal injury attorney who can fight for the compensation you deserve. Goldberg Sager & Associates is experienced in dealing with all aspects of personal injury and is dedicated to helping clients achieve the best possible outcome for their case. Contact the Brooklyn personal injury lawyers at Goldberg Sager & Associates at (347) 497-3245.