Car Accidents Claim Lawyers and Social Media
When car accidents claim lawyers advise
clients about their options, they consider many factors, such as:
· the severity of the injuries suffered
· whether or not the client has lost significant income
· whether or not the client will be able to return to his/her work
· the impact of the client’s injuries on family members
· who had responsibility for the accident
· impact on the client’s quality of life
In decades past, if a client brought a
lawsuit due to personal injury, the evidence considered mainly involved medical
records and testimony. However, with the current popularity of social media,
there is a new source of evidence: your Facebook posts now have the power to be
a deciding factor.
Social Media Evidence
An
article in the National Post outlines the story of Sarah Tambosso, a BC woman who after
having been involved in two car accidents, brought a lawsuit. The Squamish
native told her medical personnel and her legal counsel, "My life sucks”. She claimed to suffer from PTSD, and
testified that her life had devolved into one where she rarely left the house
and had few friends.
However, after looking at Tambosso’s posts
on social media, the judge concluded that her claims were not credible. Nearly
200 posts from Facebook were entered into evidence, and they showed the plaintiff
in many social settings, including drinking with friends, river tubing with
another group of friends, attending costume parties, and performing at a
karaoke competition. The judge felt that this evidence was "completely
inconsistent” with someone suffering from psychological trauma.
Today’s car accidents claim lawyers are
routinely warning their clients to be very careful about what they post to
social media. It’s obvious that the defence in any case will be hard at work
looking for evidence that contradicts the accident victim’s claims. Since most
of us like to post only the best side of our lives in this public arena, the defence often finds what it’s looking for.
But is it fair to use happy snapshots on
Facebook as proof of a plaintiff’s mental state? Many people curate their social
media profiles to create a picture of perfection: special occasions, smiling
selfies, adorable children, flowers, and delicious meals. The pictures we post
may not be an accurate reflection of what our lives are really like. Are the
injuries exaggerated, or is the happy media presence what has been inflated?
Judges come down on different sides of this question.
Getting the Whole Picture
When you bring a lawsuit, you must be
prepared to offer up your medical and employment records as evidence. Now with
social media so present in today’s society, you must also be ready to explain
photos found on social media, and to justify what the defence may find in
cyberspace. If you state that you are unable to walk to the end of the block,
for instance, don’t post video of yourself winning a triathlon.
Car accident claim lawyers sometimes caution their clients to post
carefully; other times lawyers ask clients to refrain entirely from using
social media. Increasingly, social media is becoming a record that can be used
in a legal setting.