Why Social Media Can Be a Nightmare for a Personal Injury Case

Social media sites offer the opportunity for individuals and families to stay in touch. For those involved in a personal injury case, however, these online venues can represent a frightening liability that could undermine the success of these legal matters. Working with a qualified New Jersey personal injury attorney can provide the right representation for defending against personal injury claims. Here are three of the most important liabilities of social media for plaintiffs in personal injury cases.

1. Every Photo They Ever Uploaded

Social media sites offer easy access to candid photographs and other pictures taken by and of the plaintiffs. This can provide your personal injury defense attorney with photographic proof of the activities in which these individuals engaged after they were allegedly injured in an accident. In some cases, these photos can provide the evidence needed to refute claims of long-term pain or mobility issues.

Your personal injury defense attorney can use the information derived from these public venues as evidence in your trial or settlement negotiations. Additionally, it may be possible to obtain records of photos that may have been deleted or made private. This can help you to make the most vigorous defense against claims of injury or incapacitation on the part of plaintiffs in your personal injury case.

2. Every Post They Ever Made

Facebook, Twitter and other social media sites maintain records of the posts made by their users. Public posts can be obtained directly from these sources. Private posts may be provided by the plaintiff’s attorney during discovery or accessed by obtaining a court order from a judge to access these records. They can then be used by your New Jersey personal injury defense lawyer for use in supporting your version of events. In many instances, the plaintiff has made statements on social media that differ significantly from their testimony in depositions or in court, which can undermine their claims and reduce your liability.

Even posts about previous accidents or health issues can serve as evidence for your personal injury defense. If the individual in question has had significant problems with back pain in the past, for instance, he or she may have failed to disclose this fact to attorneys and legal authorities. Bringing this information to light could provide you with added protection against claims of liability for these injuries.

3. Every Private Conversation They Ever Had

Both private messages and public conversations on social media sites can be requested by your attorney during the discovery phase of the case. The plaintiff’s attorney may voluntarily turn over this information or be required to by court order after your defense attorney files and wins a motion to compel discovery. Depending on the jurisdiction of the case, your attorney may be able to get a court order from a judge to view all public and private messages associated with the plaintiff’s account.

The content of these messages can demonstrate whether the plaintiff in your personal injury case is being truthful about the extent of their injuries and the limitations caused by the accident. If the statements made in these messages differ from the information presented to attorneys and to the court, your lawyer can often use these social media messages as evidence to disprove claims made by the plaintiff and to increase your chances of success in negotiations or in a hearing or trial.

By working with a New Jersey personal injury defense attorney with proven experience in the intricacies of social media websites, you can increase your chance of success both in and out of court. The Di Lauri & Hewitt Law Group can design and implement the most effective and practical defense for your personal injury case. Our attorneys will investigate every angle to find the right approach for your situation. We offer aggressive representation for individuals, businesses and property owners in our area. Call us today at 973-354-5783 to schedule a consultation with our legal team. At the Di Lauri & Hewitt Law Group, we are here for you.