How Posting On Social Media Can Jeopardize Your Personal Injury Claim

Although it provides benefits like keeping in touch with loved ones who are far away, social media can work against you in a personal injury claim. Personal injury lawyers in Chester County PA advise clients to limit social media posts or deactivate their accounts until after a claim is settled. Here are some common reasons why. 

Social Media Posts Are not Private – They Can Be Used As Evidence

Anything you post on the internet should be considered public, even if you set-up your accounts with strict privacy controls. Insurance companies and their lawyers are always looking for reasons to deny or minimize personal injury claims. They scour injured victims’ social media accounts to find anything to discredit their claims or downplay their injuries and losses. 

Photos, posts, and comments from friends and family are also fair game in a personal injury lawsuit. For example, you may make an innocuous post with a photo of a beautiful mountain where you once hiked. If a family member comments on it and says something like “I bet you’ll be traveling after you get your huge settlement,” it can portray you in a negative light and give the defense fodder to impugn your character. Any accident or injury lawyer will tell you to be to be extremely cautious about what you and your loved ones put out there for the world to see. 

You May Contradict Yourself

It is important not to post any information or commentary at all about your accident, injuries, or claim. Regardless of what you write, your words may be twisted to make it appear like you are just in it for the money or faking your injuries. 

Without even realizingt, you may contradict claims that you made about the accident or the severity of your injury. For instance, if you suffered whiplash in a car accident and post about going golfing on social media, an insurer or their attorneys may use it to challenge the validity or severity of your injuries. 

Check-Ins Can Hurt Your Case

Check-ins on Instagram, Facebook, Twitter, and other social media sites can also show that you are doing things that would not be possible if your injuries are as serious as you claim. Something as simple as taking your kids to an amusement park and checking in can jeopardize your case, even if you do not participate in activities while you are there. If your Pennsylvania personal injury lawyer advises you not to check in on social media, it isbest to heed their warning. 

Deactivating Your Social Media Counts is Best

Your injury lawyer will most likely advise you to deactivate your accounts until your case is completed. If you must use social media, refrain from posting anything personal. Limit your use to liking other people’s posts and sharing news articles, silly memes, funny animal photos, and other harmless items. Avoid commenting on others’ posts. Make sure to ask friends and family not to tag you in photos or mention anything about your accident, injuries, or case. All your social media settings should be set to private. 

If you or a loved one has been hurt in an accident, our personal injury lawyers in Chester County PA can advise you of your options and help you recover the compensation you deserve.

This blog was originally posted on https://pa4law.com/how-posting-on-social-media-can-jeopardize-your-personal-injury-claim/

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How to Determine If You Have a Wrongful Death Claim

 

 

Regardless of how it happens, losing a loved one is never easy. When someone is responsible for another person’s death, certain family members or a deceased person’s estate may be able to bring a wrongful death claim against them. But how do you know whether you have a viable claim? The best personal injury lawyers know which specific factors to consider when determining whether a client may have a valid claim. Understanding these elements can help you make an informed decision about pursuing a wrongful death claim.

Was the Death Caused by Negligence?

It goes without saying that someone must have passed-away for a wrongful death claim to be considered. The major element that must be proven is whether their death was caused by negligence. To prove this, three factors must be taken into account:

Duty of care—you must show that the defendant owed a duty of care to the deceased victim. For example, all motorists have a legal obligation to obey traffic laws to keep themselves and others safe on the road.

Breach of duty of care—this means that the defendant failed to act reasonably, which caused them to breach their duty of care. For instance, if someone gets behind the wheel while they are intoxicated, they are breaching their duty of care.

Breach of duty of care led to the victim’s death—you must also prove that the defendant’s breach of duty of care led directly to a victim’s death. If the drunk driver in the scenario mentioned above ran a stop sign and t-boned another car, causing the death of someone inside, they may be liable for damages.

Although proving that negligence caused a victim’s death may seem straightforward in such examples, it can be challenging. That is why it’s vital to have an experienced car accident lawyer evaluate your case if your loved one was killed in a motor vehicle crash.

What is Your Relationship to the Victim?

In some states, a deceased victim’s spouse, children or parents can file a wrongful death claim directly. In others, the administrator of a victim’s estate must file the claim. If the victim died without a will or did not name an administrator for their estate, one will be appointed by the court.

When Did the Death Occur?

Each state also has its own statute of limitations for how long a family member or estate has to file a wrongful death claim. In many states, the time limit is two years from the date of death. However, there are exceptions and statues of limitations vary by state.

Have You Suffered Losses Due to Your Loved One’s Death?

To be awarded damages, you must also show that you suffered losses or expenses as a result of your loved one’s death. Wrongful death damages may include the future earning capacity of the victim, loss of companionship, love, and guidance, funeral and burial costs, and other damages. Quantifying some of these losses can be challenging, so having a seasoned accident or injury lawyer determine the value of your claim is critical to recovering the maximum compensation to which you may be entitled.

Have you lost a loved one in an accident caused by someone else’s negligence?? Contact a wrongful death attorney to learn more.

This blog was originally posted on https://www.pa4law.com/how-to-determine-if-you-have-a-wrongful-death-claim/

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How to Recover Compensation When a Hit and Run Driver Cannot Be Found

 

 

Although leaving the scene of an accident is a crime in most jurisdictions, hit and run crashes are all too common. According to research from the AAA Foundation for Traffic Safety, since 2006 there has been an average of 682,000 hit and run accidents in the United States each year. Sometimes negligent motorists can be found, but what happens if you are the victim of a hit and run driver who can’t be tracked-down? A car accident lawyer can help you figure out your options, which may include recovering compensation for your injuries and property damage from your own auto insurance policy.

Ways to Recover Compensation after a Hit and Run

There are several ways you may be able to recover compensation for your medical bills, damage to your vehicle, and other losses. The best personal injury lawyers recommend that drivers carry more than the minimum Uninsured Motorist/Underinsured Motorist (UI/M) coverage as part of their auto insurance policy. In addition, you should always carry adequate amounts of Personal Injury Protection (PIP) insurance as well. Although these add-ons are required in some states, purchasing the minimum amount of coverage required may not even cover all your medical bills, let alone repairs and other accident-related expenses. Paying a few more dollars a month for your car insurance is well worth the cost.

However, just because you have insurance doesn’t mean that you’ll automatically be covered. You must show proof of the accident and your damages, so it is critical to call police after a hit and run crash. They may be able to find the negligent driver and a police report providing valuable documentation that gives proof of what happened. It is also important to keep all medical bills, receipts and any other evidence that may back up your claim for damages.

If you don’t have insurance coverage or your insurer denies your claim, check and see if your state has a victim’s fund to help cover costs. Your health insurance may also pay for all or a portion of accident-related medical bills.

How a Car Accident Attorney Can Help

Unfortunately, insurance companies are in the business of making money and their top priority is the bottom line. Even if you provide proof of the accident and your damages, an insurer may try to minimize or deny your claim. An experienced accident or injury lawyer can evaluate your case and review your auto insurance policy to determine exactly which accident-related damages you may be entitled to receive. In addition to conducting an investigation to try and find a hit and run driver, your lawyer will handle negotiations with your insurer and fight to help you recover the maximum compensation you need and deserve to protect your health and financial security.

If you or a loved one has been the victim of a hit and run driver, you don’t have to go it alone. Contact an accident attorney to schedule a free case evaluation and find out your options for recovery.

This blog was originally posted on https://www.pa4law.com/how-to-recover-compensation-when-a-hit-and-run-driver-cannot-be-found/

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