We’ve all heard the warnings: “Don’t post that to Facebook, everyone can see it.” In this day of instant gratification of information, it is not uncommon for employers, clients, significant others, family, and friends to “stalk” others on social media. That picture of you with a lampshade on your head at Spring Break 2013? Your potential employer saw that and made a flash judgment of your character. All of those dog pictures on Instagram? Your friends assume you have no life outside of work and your dog. That tweet about snowboarding in the Alps? You just lost your injury claim.
With the evolution of technology, the law has had to catch up and attempt to outwit an evolving industry. From distracted driving laws, privacy laws in regards to drones, and even infringement laws it seems technology always has the upper hand. However, while the law and technology can butt heads, technology, specifically social media, can also help or hinder a personal injury claim.
When someone makes a personal injury claim, they are aiming to gain monetary compensation to make themselves “whole” again. As an accident is unforeseen and often causes physical and mental hardships for an extended period of time, part of the claim involves requesting compensation for medical bills. One of the ways the defense can undermine a claim is to prove that the plaintiff is not as badly injured as he or she said they were. Frequently tech-savvy defense lawyers will turn to popular social media sites to prove this.
How Not to Hinder your Case:
The advent of social media was supposed to be a positive way of keeping in touch and allowing our “friends” to see into our lives a little bit more. Now, our privacy has been thrown out the window, and anything you post in the privacy of your own home can and will be used against you. Protect yourself from falling into the trap of social media, where anything can be interpreted, and innocent posts can be skewed.
DISCLAIMER: THIS IS NOT LEGAL ADVICE OR INSTRUCTION. MERELY AN INFORMATIVE POST.
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