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Social Media Use and Your Personal Injury Lawsuit – What You Need to Know
Social media can have its benefits – it can help families and friends stay in touch when they live in different parts of the country, and it has even sparked new relationships. Unfortunately, social media also has its drawbacks, particularly for those who are pursuing a personal injury lawsuit. Before you share, tweet, or otherwise post something about your personal life to social media, learn what kinds of posts could impact the amount or success of your case.
Understanding How Personal Injury Lawsuits Work
When a victim brings forth a lawsuit against a negligent party, they are attempting to recover damages caused by the accident they experienced. Medical expenses and lost income are generally a part of this settlement, but they are paid according to the victim’s actual costs. More obscure recovery types – pain and suffering, loss of vitality, and other noneconomic damages – are not as easily calculated. The victim must explain how the injury has affected their life. To reduce their payout amount, the insurance company will often attempt to collect evidence that suggests the victim’s life may not have been as drastically altered as they claim. This is where social media can get victims into serious trouble.
Social Media Use Can Be Used as Evidence
It seems like the dirtiest tactic in the book – mining your social media posts for evidence – but it can and does happen to victims. In fact, there have been cases impacted by social media posts because the victim made statements about “feeling better” or shared too much about their daily activities. Never mind what the next day looked like – if the victim felt even worse because they did too much on their good day, or returned to the same state they were in before the good day occurred. The insurance companies and/or defendant’s lawyers will play up that good day, using it to create reasonable doubt. If they can create enough of it, your settlement could be drastically reduced. In extreme situations, it may be dismissed altogether.
Because of the negative impact that social media can have on their case, all personal injury victims should limit social media interactions as much as possible. Of course, complete silence can be difficult to accomplish, so, at the very least, victims should refrain from posting any information or photos about:
- Their progress in healing,
- Improvement in condition,
- Daily activities,
- Treatment or diagnosis,
- Involvement in exercise or other physical activities,
- Vacations or trips,
- Expected settlement amount, and
- Plans for the settlement money.
Contact an Experienced Milwaukee, WI Personal Injury Attorney
At Gimbel, Reilly, Guerin & Brown, LLP we protect your interests and your rights. Dedicated to helping you get the most favorable settlement possible, our seasoned Milwaukee, Wisconsin personal injury lawyers will walk you through the entire process, step by step. If you or someone you love has suffered an injury because of negligence, contact us at 414-271-1440 today.
Source:
http://heinonline.org/HOL/LandingPage?handle=hein.journals/comlrtj14&div=26&id=&page=
