How Can Social Media Affect a Personal Injury Lawsuit?

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Hunter Law and its skillful team of Attorneys have extensive experience in personal injury lawsuits. If you have been injured by the neglect of others, it is vital to speak with an attorney qualified in Personal Injury. The following article provides an examination of the complexities between Social Media and Personal Injury cases. Examples are given of prevalent case types for personal injury, and the social media sites posing the most risk to a case.

A skilled team of attorneys from Hunter Law is behind you.

The digital age has dramatically transformed our lives forever, in both good and bad ways. We sing the praises of social media giants Twitter, Facebook, Instagram, and others. However, when confronted with a personal loss by someone else’s negligence, social media may not be helpful.

Callout 1- The digital age has dramatically transformed our lives forever, in both good and bad ways.

Personal Injury

Personal injury lawsuits are legal challenges when an individual suffers an injury or accident, and someone is legally liable. The lawsuit qualifies if negligence, strict liability, or a willful tort (wrongful act done on purpose) can be proven.

If you and your attorney can show another party is responsible for the injury, the justice system may grant compensation for the injury. Many situations can be considered personal injury. However, just because an injury occurred does not mean someone is liable.

Hunter Law is an expert at personal injury and obtaining the highest compensation available. If you have been wronged by injury, talk to a skilled Attorney at (813) 287-2227

Common Types of Cases

  •  Slip and falls can result in a lot of harm no matter the age. These claims are regularly seen in commercial surroundings, and could involve worker’s compensation if the injured person was working at the time of the fall. Personal property slip and fall cases are tougher to prove. It is imperative to contact Hunter Law with the details of your injury.
  •  Medical malpractice is when a medical provider fails to meet a medical standard of care. Medical malpractice laws are in place to protect doctors and nurses. Expert medical testimony is required for a patient to show negligence.
  •  Automobile accidents are the most frequent personal injury cases in the US. These cases arise when the driver does not adhere to the rules of the road and becomes financially liable for injuries.  Frequently the plaintiff is at the mercy of the other driver’s insurance company. This circumstance is why it is necessary to contact an attorney at Hunter Law (813) 287-2227 first.

A person pursuing a personal injury lawsuit does so because of injuries sustained from the negligence of others. Compensation for medical expenses or pain and suffering can be part of the claim for damages in these cases. 

If you wake up one cranky morning and vent your rage on social media about that car pileup, it may come back to torment you. Nothing uploaded to social networking platforms is considered secure, and by any stretch of the imagination, never private.

You may assume the information posted is innocent; again, it could wreck your personal injury claim. Be vigilant and cautious on posting during a lawsuit.  

Read more in our blog: The Personal Injury Law Changes in Florida 2023

Callout 2- Hands holding cell phone showing Facebook reactions with text: If you wake up one cranky morning and vent your rage on social media...ac

What 3 Sites Pose the Most Risk?

  1. Facebook is the first stop for Insurance firms and defense attorneys; they recognize this is the place to share the emotional distress of an accident. With over 1 billion active users, Facebook is by far the most popular social networking site.
  2. Twitter (X) added over 31 million active users recently, and it is the most accessible platform to share information.  One ill-advised tweet on how you will spend all the settlement money, and you could really damage your potential case. 
  3. Instagram has been the hottest growing social platform for years, and now insurance companies have the site on their inspection list. Seemingly harmless posts could come back to haunt you depending upon the circumstances in your case. 

If there are any questions about what to post, talk with your Attorney at Hunter Law.

Callout 3- Text: What 3 sites poste the most risk?

Bottom Line

Social media has developed into an enduring fixture in modern life. Social platforms have the potential to bring about positive change for good around the world, and unfortunately for the bad as well.

Experts, from parents to professors, have recommended caution when posting certain information to the internet. If you find yourself entangled in a personal injury case, the best approach is to take a break from posting. It is prudent to tell family and friends not to post.

Sharing personal experiences, posting a favorite image; what does this all have to do with a personal injury case?

Online Privacy

Online privacy does not exist. Conversations, images, health information, finances, and other posted information, are all part of the online illusion of digital privacy. Massive social media and financial database breaches are seldom reported anymore.

A grim slice of reality, nothing online is entirely private. Governments and big tech charged with our digital protection may have different priorities than consumer privacy.

Fatigued consumers are feeling a sense of ineffectiveness when they try to protect their privacy. Pew Research says; only 12 percent of Americans and 9 percent of social media users feel their information is safe with the government and tech companies. 

Evidence

Evidence is a crucial ingredient to any dispute. When insurance companies or defense lawyers scour social media platforms, they search for evidence that contradicts your sworn testimony. Hunter Law advises complete honesty about any injuries or medical expenses.

  • Location posts count as evidence against your claim. For example, if you have an argument stating limited maneuverability, checking in at your yoga class could undermine your claim. 
  • Inadvertent posts can do substantial harm to your argument. If your case involves limited movement, posting a picture of your kids at the bowling alley could be used to argue that you aren’t as injured as you claim to be. Who took the picture?
  • Advising friends and family against posting your case details is the strongest advice. Inadvertent statements on how much money you plan to make or what you plan to purchase will do more harm than good.
  •  If you must be on social media, reduce your activity to sharing news and reposting other content.

Hunter Law and its team of talented attorneys are the recognized experts for any case, especially Personal Injury. Please call (813) 287-2227 if you have any questions.

Callout 4- computer screen with social media profile and text: Sharing personal experiences posting a favorite image: what does this have to do with a personal injury case?

Florida and Social Media

In the eyes of Florida Law, social media is still a marvel and, as such, still in its infancy when cases are brought before the court. Plaintiffs continue to share information on their social media accounts, even with the attorneys’ objections. The continual posting about their case is a boon to the defense.

In personal injury cases, many people object to using social media accounts for proving wrong-doing on the grounds of vagueness and a violation of the right to privacy. Many attorneys for defendants point to Florida’s Fourth District of Appeals opinion in Nucci v. Target Corp.

The plaintiff slipped and fell in a Target Store. Target’s attorney pointed to 1285 photographs Nucci posted to her Facebook profile and later deleted. The court held that photographs posted to a networking site are not privileged and not protected by a right of privacy.

Your attorney at Hunter Law (813) 287-2227 will provide expert guidance at every step

Florida Public Records Law

Social media has become an essential part of business and government. Thorny issues are popping up across the country. If you work for any Florida state or local government, it is advisable to check with your Hunter Law Attorney to see if personal posts you want to keep private are considered public records.

Personal injury is no longer a simple case of deciding right and wrong-doing as in years past. With the meteoric rise of social media, complexity rules the courts. If there are any questions or concerns about a case or potential lawsuit, Contact Hunter Law (813) 287-2227.

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