In the age of social media, digital communication has overtaken the traditional forms of communication. With over 3 billion social media users worldwide, social media has become a significant part of our daily lives. Whether it’s for personal use or for business, social media is an intrinsic part of our life. Its use has become so ubiquitous that even the legal industry has been affected by it. Personal injury cases, in particular, have undergone a significant shift due to the growing prevalence of social media. Here, we will explore the effects of social media on New York personal injury cases.
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Social Media and Personal Injury Claims
In today’s world of instant gratification, people share everything online – their thoughts, experiences, and even health conditions. However, in the world of personal injury claims, this can be an obstacle to obtaining a fair outcome for one’s injuries. A simple social media post or check-in at a restaurant can have unfavorable consequences on a personal injury claim. For instance, a post about an injury may conflict with the claimant’s testimony.
Impact on Evidence
Social media has impacted personal injury cases by becoming a source of evidence for plaintiffs and defendants. Every day, there are countless posts uploaded to social media, which may have implications in a personal injury case. For example, photos of a plaintiff engaging in activities that contradict their claimed injuries may be found on social media. Likewise, insurance adjusters and defense attorneys scour social media for posts related to the incident to support their cases.
Settlement Agreements
The effects of social media are not just felt in the courts; they have also impacted the negotiation of settlement agreements between parties. In extreme circumstances, social media evidence can provide proof of fraud, which can lead to the denial of a claim and the retraction of the settlement agreement. Social media evidence can also result in limiting the total payout amount for compensation since posts regarding the injury can be used as justification to reduce the claim amount.
“Sounding-Board” Phenomenon
Injury claimants often vent on social media, or “sound-off” about their experiences and how the incident has affected them. While it may offer emotional relief, these expressions can also be used to challenge the claimant’s credibility or exaggeration of injuries. Rampant discussions about an injury, compensation, and the medical treatment on social media can negatively impact the outcome of an injury claim, including any future medical treatments.
Awareness and Ostentation
While we use social media to gain awareness about societal issues and causes, it can also be exploited by individuals eager for recognition. Personal injury cases have not been immune to such a phenomenon. Some plaintiffs may leverage social media as a way to draw attention to their case, turning it into a public spectacle which may create negative implications on the outcome. Additionally, some people may fabricate an injury or exaggerate its extent to gain sympathy and support on social media.
Conclusion
In conclusion, social media has transformed how personal injury cases are viewed, and the industry is still reconciling with exactly how to integrate social media evidence into an injury claim. Claimants should be cautious about how they present themselves online, as trivial posts can provide an adequate reason to deny a claim. In the end, social media should be used judiciously in personal injury cases.