Few people realize the scope of the investigation into a plaintiff’s personal injury case. Most people don’t know that the defendant and/or insurance company can subpoena telephone call and texting records to determine whether a driver was on the phone or texting prior to the accident. This could be used to prove comparative liability against the Plaintiff and to dismiss the case altogether or reduce the recovery in favor of the Defendant. In other words, the opposing side can argue that the Plaintiff was partially or fully at fault due their own negligence in talking on the telephone and/or texting while driving.
Also, most clients don’t recognize that their texts and/or social media posts regarding a fun night out with friends that resulted in an accident could be used against them to negate their claim. Especially if there is alcohol involved in such outings and this is recorded via text and/or social media postings.
Additionally, many people will be surprised to find out that any pictures or statuses posted could be used to argue that your injuries are not as severe as you’ve led on. For instance, if you have claimed to be permanently injured (which is required to receive pain and suffering damages in Florida) and you post a photo of your trip to the Caribbean where you went water skiing, the defense will argue that you must not be all that injured if you are able to waterski. The moral is to be very cautious with what you put out into the social media universe.
The best advice is to refrain from texting while driving and especially from posting any incriminating photos on social media that may indicate some sort of intoxication or lack of capacity shortly after an accident. Further, if you were severely injured in an accident and are having an unusually productive day, also do not use social media to indicate your productivity in your medical progress as such temporary progress may put a dent in your case due to negation of pain and suffering damages.
Contact the Attorneys of The Noble Law Firm, P.A. to assist you with your personal injury case and help you obtain the personal injury award you deserve!