Beware of Facebook, Twitter and Other Social Media

When bringing a personal injury claim, it is important to consider that many private aspects of your life will not remain private. Many insurance defense firms, private investigators, and defendants search and comb through social networking sites such as Facebook, Twitter, and LinkedIn. During the discovery phase of any litigation, most courts will allow the Defense to go through your Instagram, Facebook, and other social network accounts. Just one photograph or video may be taken out of context and destroy or lower the amount of monies awarded.

Recently, a woman who brought a personal injury case in Gwinnett County, Georgia tweeted about her travels and partying during the course of her case. As a result the jury lowered their damages award. The woman, a victim of a car accident, claimed that the injuries she sustained to her arm as a result of the car accident and she was unable to perform her job duties as a hairstylist. However, the Defense attorney provided tweets and pictures of the Plaintiff having fun in New Orleans with her friends and enjoying spring break on the beach. The Plaintiff asked for $1.1 million for her injuries and received $142,000.

What is the insurance and defense attorney looking for in Social Networks?:

  • Pictures of you having fun, showing that you have not been injured, and that you have returned to your normal routine;
  • Videos of you performing acts that you now claim you have difficulty with or cannot do;
  • Statements regarding the incident or accident;
  • Potential friends to interview and depose;
  • To catch you in a lie to damage

If you are involved in any type of legal matter, including a personal injury case here are a list of tips when using social networks:

  • If you can live without Facebook, Instagram, Twitter, LinkedIn, etc. CLOSE DOWN YOUR ACCOUNT. This will be the safest way that you will ensure that you will not damage your case;
  • Set your settings as private as possible;
  • Ask your friends and family to not tag you in any posts or photographs;
  • Do not discuss any aspects of your case on these social networking site;
  • Do not “check-in” anywhere.

In fact, many insurers are not trying to challenge liability as must as causation and whether the victim has a permanent injury.

The Miami based attorneys at Jeffrey R. Davis, P.A. are experienced personal injury attorneys who understand the techniques used by defense attorneys and insurances. The use of social media is just one of the ways that the other side will try to lower the damages awarded to a victim of another’s negligence. If you or a loved have been injured because of the negligence of another, contact us for a free consultation to discuss your potential case.

What to Look for in a Personal Injury Attorney – Miami

Your choice in a Miami personal injury lawyer can make a big difference in the amount of compensation you receive for your injuries, how your case is managed, and how your case is finally resolved. It is important that you obtain an experienced personal injury attorney who understands Florida law, understands the insurance companies and their strategies, and who has resources to fight for your rights successfully.

When choosing an attorney to represent your interests, you must search for an attorney that is the “right fit” for you and your case. Many personal injury cases takes months to several years to resolve. You will be working with your attorney, so it is important that you trust your lawyer and get along with your lawyer. Just alone in Florida, the Florida Bar reports that there are approximately 93,895 barred attorneys as of January 2013. There are many of attorneys to choose from – Do not sell yourself short.

What Do I Look for In a Personal Injury Lawyer?

Not every attorney is a personal injury lawyer. It is important that you ask the attorney that you are about to hire what type of law they specialize in.  I always like to compare it to medicine: You wouldn’t want a cardiologist checking out a problem with your bones. Similarly, you wouldn’t want a family lawyer handling your personal injury case.

These are the factors you should consider when picking your lawyer:

  • How many years has the lawyer been practicing?
  • Has the attorney ever been disciplined by the Floria Bar?
  • Does the attorney have a list of past results?
  • Does the attorney have a list of the past type of cases that he or she has handled successfully?
  • Will the lawyer take your case to trial?
  • What is your lawyer’s policy on communicating and speaking to clients?

The attorneys at Jeffrey R. Davis, P.A., a Miami Personal Injury law firm, specialize in personal injury cases such as workplace violence, wrongful death, car accidents, slip and falls, and negligent security. We pride ourselves in communicating with our clients and putting our clients first. Jeffrey R. Davis has been practicing personal injury law for over 25 years. Olga Porven, a former insurance defense attorney, has the insight into what the insurance companies strategies are in defending personal injury cases.

If you or a loved on have been injured as a result of the negligence of another, contact us for a free consultation or call us at 305-704-7415.