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Social media viewed in light of a personal injury and/or workers’ compensation case
Today more and more individuals are “on” the web, but more importantly, have become social media fanatics. In fact, the social media craze has spiked drastically in the last two years. See http://www.google.com/trends?q=social+media.
Has social media impacted the practice of personal injury and/or workers’ compensation law in New Jersey? The answer to that question is undeniably, YES! Let me explain, when an individual is involved in an automobile, and/or slip and fall accident in New Jersey and that individual wants to recover non-economic damages (i.e. money for pain and suffering) he or she must file a claim with an insurance company. For example, if you are involved in an auto accident you would file a claim for pain and suffering damages with the defendant’s insurance company. Your claim with the defendant’s insurance company is for money damages based on permanent injuries (for the most part especially if that individual has elected a verbal threshold automobile insurance policy). To establish permanent injuries an individual represents that he/she cannot do certain activities, such as lift weights, run, etc.
The insurance companies have been using social media (i.e.Facebook, Myspace, Twitter, Linkedin) to refute such claims. In other words, if you are claiming the auto accident prevents you from weight lifting then do not post a picture of you lifting weights and/or checking into a gym because rest assured defendant’s and/or employer’s insurance company is watching.
If you have additional questions or concerns regarding social media and your case give Dan T. Matrafajlo a call for a free office consultation.