Sharing lives on social media is second nature for many Americans today. We’re all armed with smartphones that can take crisp photos and videos of anything we’re doing and within seconds we can post them to TikTok, Twitter, Snapchat, Instagram or Facebook. It’s usually harmless fun, but if you are pursuing personal injury claims, social media can be a minefield. Why? Because what you post online could end up being used as evidence to weaken your case.
When you’ve been injured and are seeking compensation through a personal injury claim, a core part of your case is your ability to prove the type and severity of the injury you suffered. To do this, your personal injury lawyer presents various forms of evidence, such as medical records and doctors’ testimony. But your opponents in the lawsuit can use your social media posts as counter evidence, seeking to prove any of the following:
You are not injured at all.
You are not injured as severely as you claim.
You should not receive compensation for pain and suffering.
For example, imagine your personal injury lawsuit alleges that you suffered serious back or shoulder injuries in a Connecticut auto accident. If you post videos or photos of yourself shooting baskets or engaging in some other physical activity, the posts could certainly make a jury doubt that you were seriously hurt. Social media posts don’t have to be quite so blatant to be used against you. Even seemingly innocent posts with captions like “I’m starting to feel a lot better!” or “Can’t wait to go out tomorrow!” can harm the value of your claim.
The biggest concern related to the use of social media posts against a claimant is not necessarily a challenge to the injury itself, but to the amount of pain and suffering resulting from the injury. Pain and suffering damages are much different from compensation for medical bills or lost wages, which can be objectively measured. Pain and suffering damages are subjective, so the amount you will ultimately receive will depend heavily on how jurors perceive the injury’s effect on your quality of life. If you are seeking pain and suffering damages because you claim your injuries prevent you from leaving the house and you feel depressed, but your Instagram or other social media account shows you out partying with friends, or engaged in other social activities, that evidence can harm your credibility, and make it difficult for the jury to believe you are suffering all that much.
The injury lawyers of Gesmonde, Pietrosimone & Sgrignari, L.L.C. advise clients on social media use during active personal injury cases. To discuss your personal situation, please call 203-745-0942 or contact us online to arrange a confidential consultation with an attorney in our Hamden or East Haven offices.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. is located in Hamden, CT and serves clients in and around North Haven, Hamden, Waterbury, Bethany, Milford, Wallingford, Prospect, Woodbridge, Northford, Madison, Beacon Falls, Branford, Cheshire, North Branford, East Haven, Naugatuck, Meriden, Ansonia and New Haven County.
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