What Impact has Technology Made on Personal Injury Cases?

July 18, 2018

The advancement of technology has had a major impact on Personal Injury cases. Cell phones and social media can play a major role in how Personal Injury cases are negotiated or litigated by insurance companies and attorneys. For all of their benefits, we can sometimes be so attached to our phones and social media accounts that they become harmful distractions. They can even make or break your case.

Texting and Distracted Driving

Did you know that your text messaging records may be discovered in a Personal Injury lawsuit if you were texting and driving prior to an accident? Such texting and driving could be argued to prove some degree of fault on your part or comparative fault for the accident.

Social media posts after an accident could be discovered as well. Discoverable social media includes, but is not limited to: Facebook, Twitter, Instagram, Snapchat, and Linkedin.

Related - Common Issues in Proving Negligence in Personal Injury

Insurance Companies and Indicating Fault

Insurance companies routinely attempt to deny claims for any reason or no reason at all.  Texting and driving or posting on social media after an accident indicating fault gives them a valid reason, which your attorney will have to refute.

The insurance companies must only file a simple motion to compel social media data and most often, the courts grant such motions. It is well known that not only are we extremely startled after an accident, but most people are also unnecessarily open and carefree with the information they post online.

Related - Negligence and Automobile Accidents

The Bottom Line

It is crucial to refrain from making knee-jerk posts on social media after an accident. Instead, call an attorney immediately after an accident has occurred to obtain further advice on what to do next. Remember, the only individuals you should be talking about the accident to is the police, your doctors, and your Personal Injury Attorney.

Related - Breaking Down the Personal Injury Case

Personal Injury Attorneys Who Fight for You

Contact the Personal Injury Attorneys of the Ticktin Law Group to assist you after an accident. Our experienced attorneys will fight the insurance companies and those who caused your injuries to obtain the compensation you deserve. Call (561) 232-2222 or complete the contact form here to schedule a complimentary consultation.