Using Facebook Posts As Evidence in Court

Since we are operating in a technologically advanced society people are continuously posting on Facebook their whereabouts, what they have purchased, who they are angry with, who they are dating, and best of all, photos of themselves and others. 

We have several situations where parties are divorcing or going through a custody battle and they bring their attorney evidence from Facebook.  The opposing party may claim “I do not have any money,” “I cannot support myself” and that the “children are starving.” Yet, there are posts on Facebook of this person in Las Vegas purchasing bottle service at a popular club.  Showing a judge this evidence will raise an eyebrow about this person’s credibility in court.

Or suppose, a person claims I have not had a drink in months, or “I don’t have an alcohol problem.” Yet, people posted pictures of this person, drinking and having a great time on a weekly basis.  This person may even post things such as, “I am so drunk” or “I just had 8 shots whoohoo.” This evidence can be introduced in court and will negatively affect this person’s credibility in such cases as a DUI or a custody battle.

An appeals court in Arkansas ruled that photos of a Plaintiff that were derived from facebook demonstrating that he was “drinking and partying” could be used against him in court. This court denied the Plaintiff any further worker’s compensation benefit. http://abcnews.go.com/blogs/business/2012/02/court-okays-facebook-party-photos-in-workers-comp-claim/

Facebook posts are being increasingly used in personal injury cases. Suppose a Plaintiff is claiming that he has been seriously injured in an auto accident. This Plaintiff is claiming to have extreme back pain. Yet, he posts pictures of himself on Facebook horse back riding, hiking and going to Disneyland. The Defense has these pictures at trial! The jury will now doubt the credibility of this Plaintiff and the likelihood of recovering a large verdict will be far fetched.

If you are involved in litigation, you should be extremely cautious in what you are posting on Facebook.  The posts that you may think are “cool” and “funny” can harm you in the end. If you have an experienced attorney, who is current with the technology of today, he/she should advise you to censor your Facebook immediately.

What is a Traumatic Brain Injury?

Traumatic Brain Injury (TBI) occurs when sudden trauma causes damage to the brain. TBI can occur when the head suddenly and forcefully hits an object or when an object pierces the skull and enters the brain tissue.   This may occur when a person is involved in an auto accident, experiences a fall or from an act of violence. Symptoms of TBI include but are not limited to the following:

• Anxiety, nervousness
• Behavioral changes:
• difficulty controlling urges (disinhibition)
• impulsiveness
• inappropriate laughter
• irritability
• Blurry or double vision (diplopia)
• Depression
• Difficulty concentrating or thinking
• Difficulty finding words or understanding the speech of others (aphasia)
• Difficulty swallowing (dysphagia)
• Dizziness
• Headache
• Incoordination of movements
• Lightheadedness
• Loss of balance; difficulty walking or sitting
• Loss of memory
• Muscle stiffness and/or spasms

If you were involved in an auto accident or a fall and you hit your head resulting in any of the symptoms above, you should contact an experienced attorney immediately.  An experienced attorney can assist you with getting the proper medical care and ensure that your rights are protected.

Motorcycle and Auto Accidents in Upland

What should I do after I have been in an accident?  That is a question that many people face immediately after experiencing such a traumatic event.  The following is a list of things you should know:

1.      If you are injured immediately seek medical treatment, you can go to a local urgent care or the hospital.  

2.      If you have been injured in a motorcycle or auto accident it is in your best interest to contact an experienced attorney immediately. 

3.      If you do not have health insurance, the attorney can refer you to doctors that will give you the medical treatment you need on a “lien” basis. When a doctor goes on a lien, the doctor is agreeing to wait until the case is resolved to be paid.  

4.      DO NOT GIVE ANY STATEMENTS TO THE INSURANCE ADJUSTERS. Do not give a statement even to your own insurance company without first consulting with an experienced attorney.

5.      Take your vehicle to a reliable body shop and get an estimate for the damages.   

6.      Take photographs of your vehicle from every angle before you turn the vehicle over to the body shop.

7.      You are entitled to a rental vehicle. If you do no t receive a rental vehicle you are entitled to loss of use to your vehicle at the daily rental rate comparable to your vehicle.

8.      Keep track of all your paperwork including any medical bills, medical records, letters from the insurance companies, police report documentation and your vehicle appraisal.