New York City Personal Injury Law Blog

How Social Media can Create Issues in Your Accident Lawsuit

Posted on Oct 25, 2014 in Personal Injury

If you have been in a terrible accident in New York, and you have suffered serious injuries, you will most probably have to file a lawsuit to claim compensation for the harm and losses you have suffered due to someone’s carelessness or negligence. Now as part of the damages and injuries you have suffered, you are claiming that you are unable to do the type of activities you previously were able to do.

You can Damage Your Own Case

Social Media

Use social media softly and carefully during trial. Digital data does not go away.

However, after starting the litigation process, you need to be careful of several things, as there are chances of damaging your own case. The defense will be doing full research online to dig up dirt on you. For instance, if you claim that you cannot work or exercise due to your injuries, and then you post several pictures on Facebook that shows you hiking or biking, then the defense can find these photos.

Be Careful what you Post on Social Media Websites

What happens when the defense find information or photos that show you were doing certain types of activities, after being involved in the accident? Will this have an effect on your case? Yes, definitely, and such a thing can destroy your whole case. The defense is not going to come to you and confront you with these things before you give your testimony.

What will happen during Deposition or Trial?

The defense will do research before you are questioned at the deposition, which is a question and answer session given under oath. Now the defense lawyer will ask you questions and try to lock you down on the activities you can and cannot do. Only after the defense lawyer has locked you in, he will confront you with the pictures on your Facebook page that shows you biking on a day after the accident. Now, you will have the hard job of explaining, how that activity was possible when you had claimed otherwise. The defense will confront you with each and everything that they have found online.

The defense might also try another strategy and not say a word at deposition, and save the confrontation for the trial. At trial, during cross-examination, the defense lawyer will lock you in about the activities you can do and cannot do due to your injuries. After you have told the court about your incapacity to do strenuous activities, the defense lawyer will turn to the jury and start revealing your photos found on your Facebook page, showing you taking part in different activities that you said were not possible by you.

The defense therefore will be able to establish easily that you were not only inconsistent but also lied under oath about your condition. Your credibility will be finished, and the jury will rule against you. Hence, you need to be very careful of your online activities after you have filed an accident lawsuit, since the defense will be thoroughly researching everything possible to discredit you in court.

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