Social network sites are growing at a phenomenal rate and the trend toward detailing one’s daily activities for the world to see is starting to have a significant impact on personal injury claims. Over 25% of all internet users visit social networks like Twitter, Facebook and MySpace at least once a month. 33% of internet users have made a purchase based on social networking sites.
The tendency of plaintiff’s to provide constant details about one’s daily activities on social network sites is starting to have a negative impact on civil litigation where people have suffered injuries due to the negligence of another person. Tennessee personal injury lawyers advice clients who have a potential personal injury claim to “keep their mouth shut.” Now Tennessee personal injury lawyers are extending this advice to social network sites in Tennessee personal injury cases. Private investigators, insurance companies and defense lawyers are increasingly looking to social networking sites for information about plaintiffs in personal injury cases.
Insurance companies and investigators are searching social network sites looking for information to help build a defense or reduce potential damage claims. They may look for information about how an accident happened and who caused it including an admission by the injured person that he or she was at fault. Insurance companies also look for information posted on social networking sites that can be used to undermine the credibility of a plaintiff by contradicting the injured person’s version of how the injuries occurred. In other cases, information on a plaintiff’s social network page may be used simply to embarrass the plaintiff and make the jury look less sympathetically at the plaintiff.
Some examples of the impact of a plaintiff’s social media posting are provided below:
- A woman claimed she was disabled but a judge admitted Facebook photos of the woman dancing.
- An insurance company downloaded and introduced Facebook video of a woman doing the limbo on a cruise after she claimed she could not work because of a back injury.
- A judge ordered that information regarding the frequency of one’s Facebook use be introduced where the person claimed brain injury.
In other cases, the information on a plaintiff’s social network page may be used simply to embarrass the plaintiff and make the jury look at the plaintiff less sympathetically. The insurance company may look for information to show the plaintiff is a “bad person” by showing the plaintiff doing something illegal or immoral. While such evidence is not always admissible under Tennessee personal injury law, the defense may try to use it to make the jury view the plaintiff in a more negative light.
Conversely, the Tennessee personal injury lawyers at Nahon, Saharovich & Trotz, PLC (NST Law) can use information posted on a social media site by the defendant in a personal injury case. A woman who was involved in a car accident while under the influence of alcohol was involved in a fatal accident in which her boyfriend was killed. The judge had decided to treat the woman as a juvenile meaning less harsh sentencing and post-conviction consequences. The judge discovered a picture taken of the woman during a Florida vacation several months after the accident captioned “Drunk in Florida.” The judge was so disturbed by the picture he decided to sentence the woman as an adult. It is reasonable to assume that a civil jury might also be inclined to consider such photos when deciding on damages including punitive damages.
The experienced Tennessee personal injury lawyers at NST Law advise their clients to stay away from their personal blogs and social media sites in the wake of being injured in a Tennessee accident. Any pictures or content that could portray the plaintiff in a negative light should be pulled down from social media sites. However, it is not enough simply to pull the information down from one’s own social media site. The plaintiff also should have all online friends purge the plaintiff from their accounts. If a plaintiff’s photo is tagged, it is still accessible by searching.
The lawyers of NST Law also will investigate the information and pictures on a defendant’s social media pages. At NST Law, we pride ourselves on utilizing cutting edge technology to assist our clients in seeking compensation for their injuries.
Related posts:
- How Social Networking Websites Can Affect A Tennessee Personal Injury Case
- NST Attorneys Serve the Whitehaven Community Regarding Personal Injury and Accident Claims
- Medical Demonstrative Evidence (MDE) for Personal Injury Litigation in Tennessee
- Driver Dies in Memphis, Tennessee, Car Accident According to Memphis Personal Injury Attorneys at NST Law
- Preserving and Collecting Evidence in a Tennessee Personal Injury Case
Tags: Social Networking Impact on Personal Injury Claims, tennessee-auto-accident-attorney, tennessee-auto-accident-settlements