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Social Media’s Effect on Personal Injury Cases

Social Media’s Effect on Personal Injury Cases

You already know that your social media profile can affect whether or not you get a job interview and how you appear to friends and family. But if you’re suing for personal injury, your social media profile could get in the way. Any post, no matter how benign it seems, might undermine a personal injury case in very damaging ways. If your profile isn’t private already, log in and make it so now. Social Media Profiles Can Show You’re Healthy If you’re filing a personal injury case after something like a car accident, part of your case is going to be physical trauma your body suffered. You might have mobility issues, broken bones, or other problems that impede your ability to go about life easily. However, sometimes social media pictures make you look healthy or able-bodied. Whether or not the pictures truly show the reality of your situation doesn’t matter. If the judge sees the pictures and feels you’re physically well, your case might get thrown out. That happened to a woman named Fotini Kourtesis, whose social media pictures disproved her personal injury claim. Your Emotional State Might Come Into Play Personal injury cases also often cover mental distress that comes as a result of an accident. You might be suffering from depression, anxiety, or PTSD because of something that happened to you. Things get tricky with social media because someone snapping a photo of a rare smile, or even posting well wishes on your page, could undermine a depression claim. You need good lawyers to help you advise how to deal with your social media profile because they’ll...
Four Steps to Take After Being Injured

Four Steps to Take After Being Injured

When you suffer a personal injury, you’re dealing with ample stress and pain. A future lawsuit could be the last thing on your mind, but it’s important to remember that the incident could result in medical bills, lost wages, and many other expenses. Seeking legal help could be necessary, so be sure to keep your wits about you. Seek Medical Help Once the incident occurs, you should seek medical help right away. Many people dislike hospitals and avoid them whenever possible, but you should resist the urge to shrug it off and try to heal up at home. After all, the extent of some injuries may not be immediately apparent. For instance, when dealing with a head injury, it can take weeks, or even months, for symptoms to appear. Acute soft tissue injuries can result in pain that increases exponentially over time. Only a medical professional can understand the scope of these injuries. In addition, some legal jurisdictions require that you see a doctor within a specific time or you forfeit your ability to file a claim. Seeking medical attention right away is the only safeguard to preserve your future legal rights. Gather Evidence Try to obtain as much documentation of the incident as you can. If you’re sent to the hospital, contact a friend or relative to gather information for you. Video, photographs, times, dates, and audio evidence can be collected. If there were any eyewitnesses to the incident, get their contact information. Have a police report taken, and save any torn or bloodied clothing that shows the extent of your injuries. If you need to revisit the scene...
The Value of Evidence in a Personal Injury Case

The Value of Evidence in a Personal Injury Case

Evidence is the material used in court cases to either prove or disprove the charges. Strong evidence translates to a strong case, so if you are ever involved in a personal injury case, then you want to do everything in your power to ensure that all evidence remains intact and accessible. Spoliation occurs when evidence is lost, destroyed, or otherwise tampered with; when this happens, the evidence can no longer be used in the case. Depending on the case, there may be penalties for spoliation of evidence. The penalty could involve having to pay a fine, or it could result in criminal proceedings and conviction. To some judges, when an individual destroys the evidence involved in a personal injury, it may appear as if that person had a desire for the evidence to be destroyed and therefore was aware of his or her guilt. Specifically, in personal injury cases, spoliation can affect cases involving defective products. If you are involved in a personal injury case based on a defective product, your saving that defective product could mean the difference between winning your personal injury case and having the case dismissed because the only evidence available was your testimony. Because of spoliation, a Texas man was awarded over one million dollars in a 2013 slip-and-fall case. In this case, Brookshire Brothers Ltd. V. Aldridge, the store where the fall occurred had recorded over the footage shot by the surveillance system in the minutes prior to when the fall occurred. The jury saw this as the store attempting to cover up any footage of possible wrongdoing, to avoid releasing footage that might...

Police Reports and Personal Injury Cases

When you are in an automotive accident, a police report is typically involved. Having damage to your vehicle or any passenger, driver or pedestrian will also result in a police report and investigation. After the accident, the next step is typically to file a claim with your insurance agency, which would involve obtaining your police report. The only time your police report would not be available for public record would be when there is a criminal charge or have a confidential note. Most police reports will include basic information on your car accident, which may come in handy for your claim because it will include factors that may have influenced the actual accident. There may be a unique case where you may not agree with what has been written in the report. There is an opportunity to change the report, however, if there are eyewitness reports or officer findings, you cannot amend that section of the report. Giving your own statement and adding it to the police report would be the best course of action, but be sure to check with your attorney about what is best for you. Another unique situation with police reports is when the officers are unable to come to the accident. In this case, it is important to note as many things as you can including taking pictures and maybe recorded witness reports. Vehicle damage or personal injury is typically the reason police personnel will visit the scene in a larger city. Keep in mind that if the police department is saying that you cannot obtain a copy of your report, you may talk to...

Nursing Home Abuse

Millions of elders living in nursing homes are victims of abuse every year and are not even aware of it. Elder abuse in nursing homes can be difficult to detect and it is not uncommon for cases to go unreported. Though many elderly residents in nursing homes are treated well and cared for in the manner in which they should be, abuse still continues and is much more prevalent that people wish to believe. Nursing home abuse is something that should definitely be of concern; seniors who have been abused have a 300% greater chance of death in the 3 years following the abuse than those who are not abused. Statistics show that nearly 1 in 6 nursing home residents are the victims of abuse or neglect every year, and although legislatures in all 50 states have passed anti-elder-abuse laws, nursing home abuse continues to occur. Nursing home abuse can include any of the following: Physical abuse – may be intentional such as hitting or pinching, or it may be due to neglect including overuse of restraints and lack of physical care Psychological abuse – this may be harder to identify, but it includes yelling, criticizing, humiliating or shaming of the patient. Sexual abuse – any unwanted sexual attention or exploitation Financial exploitation – may include taking advantage of access to patient’s financial matters, stealing, or otherwise compromising a patient’s financial status. Neglect – often times may be unintentional and a result of inadequate staffing, but nevertheless it is considered to be abusive. Instances of neglect may include, personal hygiene care not being met, not provided with food, clothing,...