How Social Media Can Affect Your Personal Injury Case in New Jersey

Evidence Admissibility

1. Social Media as Evidence: In New Jersey, social media posts can be admitted as evidence in personal injury cases. This includes content from platforms like Facebook, Instagram, and Twitter, as well as private messages and deleted content if relevant to the case.Courts have ruled that any written statement, including those made online, is valid and can be scrutinized during legal proceedings.
2. Discovery Process: Opposing parties may request access to your social media accounts during the discovery phase of litigation. This means that even private posts can be subject to examination if deemed relevant to your claims.

Impact on Credibility

1. Contradicting Claims: Posts that suggest a lifestyle inconsistent with the injuries claimed can severely undermine your case. For instance, sharing photos of engaging in physical activities or social events after claiming serious injuries can be used against you to argue that your injuries are not as severe as stated.
2. Insurance Scrutiny: Insurance companies often monitor claimants’ social media activity for evidence that contradicts their claims. A seemingly innocuous post could be interpreted negatively, affecting settlement negotiations or court outcomes.

Real-Life Examples

1. Case Precedents: Notable cases, such as Romano v. Steelcase Inc., illustrate how social media content has been used to challenge claimants’ credibility in court. In this case, the plaintiff’s online activity contradicted her claims of significant injury, leading to a ruling that allowed the defendant access to her social media accounts.
2. John J. Robertelli Case: In another instance, a young man’s Facebook posts showing him engaging in activities while claiming to suffer from severe pain were used against him in court, ultimately affecting his compensation amount.

Best Practices for Claimants

1. Avoid Posting: It is advisable for individuals involved in personal injury claims to refrain from posting on social media until their case is resolved. This includes avoiding discussions about the accident or injuries online.
2. Consult Legal Counsel: Before making any posts or sharing information, claimants should consult with an experienced personal injury attorney who can provide guidance on how to protect their case from potential pitfalls associated with social media use.

Conclusion

In summary, social media can significantly influence personal injury cases in New Jersey by serving as a source of evidence that may contradict a claimant’s assertions. To safeguard against potential negative impacts on their case, individuals should exercise caution regarding their online presence and seek legal advice throughout the claims process.