Is Facebook the New Smoking Gun in Personal Injury Cases?
A personal injury occurs when someone suffers injury through the negligence or misconduct of another person. The injury doesn’t have to be solely physical in nature; it could be a financial loss or damage to someone’s reputation.
A motor vehicle accident, slip and fall or the use of a defective product can cause common types of personal injuries that are physical in nature. A financial injury is one in which the action of another person harms you economically. For example, if your stockbroker mismanaged your account, you would have cause to sue for the financial loss. A personal injury that hurts your reputation could be due to someone spreading rumors about you or posting malicious information in the news or on the Internet.
The injured person can sue the person or entity responsible for any of these types of injuries. Since the burden of proof is on the injured person, it is best to seek the advice of a personal injury lawyer for advice.
We are seeing a new kind of proof that insurance companies are using to refute an injury claim. It’s using social media such as Facebook, MySpace and Twitter. These websites are popular social networking sites where people can post information about themselves. The Law Offices of Samer Habbas have seen an increase in clients whose postings cost them a settlement. Always remember that someone may be able to use what you post on the Internet against you in a lawsuit.
Therefore, the answer to the original question is, “Yes, Facebook is the new smoking gun in personal injury cases.” Insurance companies need to gather as much evidence as they can to decrease the amount of damages they will pay out. They are now using non-traditional methods to gather this information. Here’s an example: You are in a car accident in Los Angeles and claim you can’t work because of severe back pain. However, your Facebook page shows you skiing.
Monitor what you write and post on the Internet because it can affect you negatively in a personal injury lawsuit. Feel free to contact the Southern California attorneys at the Law Offices of Samer Habbas at 888.848.5084 if you have any questions about social media and personal injury cases.