Social Media and Lawsuits

Our online presences are public and that the things we put up online can never really be removed. No one wants private photos or information made public. However, even seemingly innocent information can cause big trouble if you’re involved in a personal injury lawsuit. What’s the problem with social media? You might think twice about posting racy pictures online, but not about a picture of you smiling with your friends, right? How about a picture of a delicious meal you just cooked? How about tweeting a funny joke? It seems harmless. However, insurance companies are spending big bucks
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What to do about Facebook Posts

We represent a young woman I’ll call “Gertrude.” Gertrude was injured in a collision a couple of years ago. She had fairly serious low back injuries which caused her pain for well over a year and which still cause occasional pain and discomfort depending on her level of activity. We sued the driver who caused the accident. As is typical, the other driver’s insurance company hired a lawyer to defend the case. The case proceeded through discovery, with both sides exchanging documents, medical records, and other information about the claim. Experts were hired by both sides to review
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How Can Social Networking Affect My Case?

Most people today are on at least one social networking site or more.  And it’s a safe bet that one of you clients is as well.  Social media users often post information about their daily activities; this could potentially be a problem if their activities are inconsistent with the injuries they claim and it could dramatically reduce the value of their case.  Even if your client has their Facebook profile set on the highest privacy settings, Facebook may still legally disclose information.  Here is what one portion of Facebook's privacy policy states in response to legal requests: "We sha
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Juries and Facebook

Jury selection is a vital part of trial.  At Bache & Lynch, we will ask the appropriate questions of potential jurors to try to avoid mishaps, like this one in Florida.  A juror in a Florida trial posted a comment on Facebook stating “Tomorrow we gotta make a decision who has the greater weight of proof between the plaintiff and defense, and I know my answer.” Jurors receive strict instructions not to discuss a trial outside the courtroom or to make any decisions before receiving instructions from a judge.  In the end, the judge granted the Defense’s motion for a mistrial.  The p
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