- 23 Dec
Personal injury claims: Why you should stop oversharing online (supposing you needed additional reasons)
We can think and say what we want about social media, but times come when it can be used as the most effective tool. Indeed, there are now countless anecdotes about fraudulent and grossly exaggerated personal injury claims being unveiled thanks to plaintiffs’ unwise social media posts.
In Canada, maybe Sarah Tambosso wishes she didn’t smile for the camera. The woman started a personal injury claim after being involved in car accidents which, according to her, changed her whole life turning her into a miserable being.
However, the claim was largely rejected by the judge and Tambosso’s credibility absolutely wrecked by the defense.
Indeed, the defense attorney used several video footages along with almost 200 screenshots of the woman’s Facebook account showing an overly active social life. Photos of the plaintiff – sharing drinks with friends, partying and practicing outdoor activities- revealed a way of life which was unanimously considered being inconsistent with her supposedly suffering from psychological trauma.
Everywhere, more and more personal injury cases rely on social media evidence.
Statuses, likes and retweets: The new no-plastic-bag-needed evidence
Imagine someone suing you for a slip-and-fall injury and insisting on the fact that he couldn’t hold his daughter on her baptism day because he broke his elbow in your staircase. This is sad. For him and as a matter of fact, for you. But what if you find a video of the gentleman participating to the Tampa Robot Dance Contest on his YouTube channel, the exact weekend he was supposed to be chewing on painkillers after breaking the so-called elbow…it becomes ridiculously easy for you to win the fight.
Don’t you dare try to keep up appearances for your followers
Why would you smile for that photo anyway?
On a more serious note, John Bales Attorneys’ personal injury lawyers want to warn prospective clients: be vigilant about what you post online. If you are filling an injury claim, it won’t be surprising if the defense’s strategy (sometimes with the aid of private eyes) consisted in scrolling down your Facebook page and stalking your social media accounts for images or statements which contradict your claims of physical injury or mental/emotional suffering.
Of course, using online posts as evidence in a legal claim is highly debatable. Everyone knows too well the dichotomy of “private” and “public” life. Most of the time – if not all the time – interpersonal life is fundamentally different from the “other self” people want to impersonate on someone else’s newsfeed.
“Social media can be a difficult kind of evidence to use because it consists of small snapshots of what people want others to hear,” said Rob Currie, director of the law and technology institute at Dalhousie University.
Your online alter-ego might definitely be your enemy.
We can help with Personal Injury Claims
If you have questions about personal injury claims, our lawyers in Tampa, St. Petersburg, and Clearwater most certainly have the answers.
We’ve been dealing with countless personal injury claims in the past years and John Bales Attorneys’ team counts more than 3600 satisfied customers in Florida.
If you need help filing a personal injury claim, feel free. Contact us now so we can start working to get you the money you deserve.