Social media can have a huge impact on lawsuits both as a plaintiff and as a defendant. Nowadays, just about everything that a lot of people do, they put on their social media sites. They post on Facebook, LinkedIn, Instagram, Periscope, all of these types of social media platforms. If you are injured in an accident and you make a claim that you can no longer do anything, you have trouble getting out of your chair, you can’t play with your children, anything at all, and then you post on one of these sites your most recent running in a Tough Mudder race, or a Zombie Run, or a 5K, or a half marathon, it’s going to be a very serious issue for you in your lawsuit. It is important that you be as honest and accurate about the injuries and limitations that you have and that you don’t place something on one of these sites that may call into question that because it can really hurt your case if you are less injured than you claim to be.
As a defendant, it can also become very damaging. If there is an intersection accident and the other driver swears that he saw you talking on your telephone, texting on another device, and going right through a stop sign, it is very damning evidence against you. A week or two weeks later, or sometime after that, he posts on his Facebook site he just had Lasik surgery, he’s never been able to see this well in years, and he used to not be able to see three feet in front of him. Someone can call into question his testimony as well. When we are evaluating a case, and all through a case, we are regularly monitoring social media within the limits that we can under the law, both for our clients and for the defendants.
If you are in need of legal counsel in regards to a personal injury in New York, please contact The Law Offices of Jonathan D. Sands and we would be happy to assist you.