As always, it is important to be careful what you post on your social media account. This is even more important when you are involved in a lawsuit. One New York based lawsuit is currently making news in the legal world for a social media matter regarding to a car accident. According to the background of the claim, a woman alleged that she suffered injuries from a car accident that caused her a significant loss of enjoyment of life. However, her Instagram was reviewed during the legal proceedings, and included post-accident pictures of the woman participating in strenuous outdoor activities and enjoying a vacation. It may be likely that these pictures may have a negative impact towards the woman's claim.
As you may realize by now, what you choose to show on social media can have a significant impact on your possible legal claim. In some cases, social media posts can be used as evidence during your lawsuit, especially in the case of personal injury. You may be familiar with the use of social media platforms such as Facebook, Twitter, and Instagram, but how about other tools such as activity trackers? According to a recent article, fitness tracker information may also impact your social media claim. For example, if you claim that an injury made you immobile, yet your activity tracker reflects that you run five miles a day, it does not add up. In the future, it is possible that your data from any activity trackers may also be used in the course of a personal injury case. As always, it is important to be truthful when reporting the extent and longevity of your personal injury following an accident or other traumatic event.
Ever wonder how different employers regulate the use of social media? The Huffington Post released an interesting article that, although a few years old, covered some interesting trends that arose in social media use in the office. Some of the more interesting points include the following:
Sometimes, what you post on social media can really influence the validity of your legal claim. Recently, a Pennsylvania woman discovered this fact when she went to pursue a lawsuit against doctors whom she felt misdiagnosed her. According to the report, published by McCall.com, the Pennsylvania Superior Court recently ruled that the woman failed to sue doctors within the two-year statute of limitations for such cases. The woman's original argument was that physicians misdiagnosed her Lyme disease as multiple sclerosis.
In recent years, Facebook and other social media sites are changing the ways that laws are interpreted and executed in terms of evidence and discovery. Information from Facebook and other social media sites is becoming increasingly popular to use in the "discovery" aspect of personal injury litigation. In recent years, several cases involving personal injury claims and social media have set the precedent for the admittance of social media into the courtroom for years to come.
Once again, the National Public Radio is weighing in on a relevant topic to today's blog topic. Social media and its use for legal claims has been an area of hot debate in recent years. Can private social media posts be used as courtroom evidence? How do you control jurors and judges who may tweet or Facebook post about a current case? Interestingly, some lawyers are also attempting to use social media to reach large masses of people for class-action lawsuits. Read about this new phenomenon by clicking the link to the original NPR article, which can be found here.
Believe it or not, social media harassment is becoming a significant problem for elderly residents of nursing homes and assisted living facilities. According to a local report from ProPublica (in partnership with NPR) there has been a significant amount of Snapchat, Facebook, and Instagram photos and videos posted by nursing home employees in recent years. These photos and videos highlight residents in compromising positions, such as being naked and/or abused, covered in excrement, or deceased. As a result, federal health officials have stated that they plan to crack down on these employees. One such measure they recommend is having a clear policy for all workers that prohibit staff from taking potentially demeaning pictures of their residents. Additionally, they are urging state officials to quickly investigate claims, report offenders, and recommend disciplinary action.
According to an article by the Rockland County Times, Facebook and other social media sites are changing the ways that laws are interpreted and executed in terms of evidence and discovery. The article cited a particular example that outlined the following:
In case you were not aware, please know that anything you post on social media may be admissible in court. According to a recent technology-focused website, there have been two recent court cases in the United States that have changed the way that we may use social media as court evidence in the future. One such case in Florida, Nucci vs. Target Corp., found that social media posts and photographs are considered relevant and admissible evidence. Another case in Louisiana, Crowe vs. Marquette Transportation Co. Gulf-Inland LCC, stated that "Crowe's efforts to avoid producing this material (his Facebook page) have unnecessarily delayed these proceedings and have wasted the time of his opponent and this Court.". Both cases involved personal injury litigation.