Last week, we talked about how Facebook can ruin a criminal case, but often, the social media platform has a more significant impact on disability, workers' compensation, and personal injury cases.
Early this year, more than 100 New York police officers and firefighters were charged with disability fraud for claiming post-9/11 disability benefits, then posting pictures of themselves on Facebook as they flew helicopters, jet skied, and engaged in other active recreation.
Last fall, a Boy Scout troop leader came under fire for tipping over a boulder in Utah--not only for destruction of the monument, but also because he was suing for disability at the time he was hiking and pushing over giant rock formations.
When you have been involved in an accident or sustained an injury through someone else's negligence, you can obtain financial compensation for damages and losses associated with the accident. For many people, a personal injury claim provides the means to pay medical expenses; provides compensation for lost income or reduced earning potential and loss of benefits; and provides financial recompense for pain, suffering, and other non-economic damages.
Unfortunately, because no one ever plans on sustaining an accidental injury, most people have no idea how to best go about filing a personal injury claim or how to win the maximum settlement or judgment possible for their injuries. Without hiring a personal injury lawyer to represent you and to handle negotiations and litigation, you run the risk of making the following critical mistakes that can ruin your personal injury claim.
There is no doubt that posting pictures of yourself rock climbing, dancing, working, lifting weights, jogging, or engaging in other activities can give a judge or jury a visual image that you may be misrepresenting your injuries or disability in a personal injury lawsuit. However, there are countless other ways you may be ruining your personal injury case:
- Not having enough evidence. If you are injured in an accident or as a result of negligence, you will have the burden of demonstrating the liability of the at-fault party or parties through a preponderance of evidence. If possible, take pictures of the accident scene and damages, file a police report, gather contact information from witnesses, and write down accurate descriptions. Get medical attention as quickly as possible and keep documentation of all injuries and treatment. Hiring a lawyer can also provide access to experts who can testify on your behalf.
- Destroying your own credibility. If you lie about the nature of your injuries or the extent of damages you incurred, then anything you say becomes suspect. Even if you are entitled to compensation for your injuries, claiming more than you actually sustained can ruin your credibility and destroy your chances of a successful claim. Do not misrepresent your injuries to your doctor and try to avoid any discrepancies among evidence that can cast a shadow on your credibility.
- Giving a written, recorded, or signed statement. In a criminal case, you are advised of your right to remain silent and informed that whatever you say may be used against you. Although "Miranda Rights" are not recited to plaintiffs in civil cases, the principle holds true. In any statement may be taken out of context and used against you upon cross-examination. Furthermore, a signed statement may demonstrate that you have culpable negligence, or liability, for your own injuries.
- Believing that the insurance companies are on your side. Insurance companies, like other businesses, are driven by profit, not compassion. They will attempt to settle your claim for as little as possible. It is important that you never accept the first settlement, and that you do not believe insurance companies when they tell you it is their "final offer." Accepting a settlement too soon can also mean that you accept an offer without knowing the full extent of your injuries. This may mean that you agree to a settlement that will pay for current medical costs, but will leave you without resources to pay for medical care or compensate for lost income if the injury is, in fact, permanently disabling. The best way to handle insurance adjusters and settlement offers is to refer them to the attorney handling your case.
If you have questions about how to handle your case, contact an attorney. In the meantime, remember that a picture is worth a thousand words--keep your mouth shut and your pictures off of Facebook, and let your lawyer do the talking for you.
