When it comes to personal injury cases, social media can have a significant impact. The prevalence of social media platforms like Facebook, Twitter, and Instagram has provided lawyers with a wealth of information that can be used as evidence in court. However, it's important for individuals involved in personal injury cases to exercise caution and be mindful of their online presence.

Social media posts can be used by opposing lawyers to challenge the credibility of a plaintiff's claims. For example, if someone claims to have suffered a serious back injury that has limited their mobility, but then posts pictures of themselves engaging in physical activities like hiking or playing sports, it can undermine their case.

One cautionary tale from Boston, MA involves a personal injury case where the plaintiff claimed to have suffered emotional distress and anxiety as a result of a car accident. However, the defendant's lawyer discovered social media posts showing the plaintiff on vacation, smiling and seemingly enjoying themselves. This evidence raised doubts about the extent of the emotional distress claimed.

Additionally, social media can also impact the calculation of damages in personal injury cases. If a plaintiff posts pictures or updates about their daily activities, it can be used by the defense to argue that the injuries are not as severe as claimed, potentially reducing the amount of compensation awarded.

It's worth noting that even seemingly innocent posts can be misinterpreted or taken out of context. Therefore, it's advisable for anyone involved in a personal injury case to be mindful of what they share on social media, or consider temporarily deactivating their accounts until the case is resolved.

References:

• American Bar Association - Social Media Evidence in Personal Injury Cases
• Massachusetts Law Forum - Social Media and Personal Injury Claims

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