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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What are the Common Types of Damages in Wrongful Death Cases?

 

Dealing with the loss of a loved one is traumatic. It can be even more painful when someone you love is gone because of another person’s negligence. Depending on the specific circumstances, an injury lawyer can help you hold responsible parties accountable and help you find justice for your loved one by bringing a wrongful death claim.

Wrongful Death Damages

There are three general categories of damages that may be recovered in wrongful death claims: economic, non-economic, and punitive. Damages available in wrongful death claims vary widely by state. Some states place limits on the amount and type of wrongful death damages that may be recovered.

For example, in Pennsylvania, there is no limit on the amount of economic or non-economic damages that may be recovered in a wrongful death claim. However, there is a limit on the amount of punitive damages that may be awarded.

Economic Damages

Economic damages are quantifiable losses a spouse or other immediate family members have suffered due to the wrongful death of a loved one. They may include:

- Medical expenses related to a fatal injury or illness

- Funeral and burial expenses

- Loss of the deceased person’s future earnings

- Loss of benefits such as medical insurance or pension

- Loss of inheritance

- Value of services a victim would have provided to the household, such as cleaning and home maintenance

Putting an accurate value on economic damages in wrongful death cases can be challenging, as there are certain factors that must be taken into consideration, such as the person’s age, health status before their death, and their earning capacity. The best medical malpractice attorneys and wrongful death lawyers know how to properly calculate all types of damages to help make things right for victims and their families.

Non-Economic Damages

Non-economic damages are even tougher to calculate because they involve intangible losses suffered by the family. These types of wrongful death damages often include:

- Mental anguish or pain and suffering of the deceased person’s loved ones

- Loss of guidance, care, advice, and nurturing from the deceased victim

- Loss of companionship, love, and society from the deceased

- A spouse’s loss of consortium

Punitive Damages

Unlike other damages, punitive damages are not intended to compensate a plaintiff, but to punish a defendant for particularly egregious or reckless behavior and to deter them and others from committing similar acts. In many states, punitive damages are not available in wrongful death actions or recoverable against certain entities such as government agencies.

Survival Action Damages

In addition to filing a wrongful death claim, a deceased person’s estate or family members may be entitled to bring a survival action against an at-fault party. This type of action allows the family to recover compensation for damages the deceased person would have been able to pursue in a personal injury claim had they survived.

Top car accident lawyers and other personal injury attorneys typically handle wrongful death claims as well. If you have lost a loved one, contact an attorney to find out your options for recovering damages.

This blog was originally posted on https://www.pa4law.com/what-are-the-common-types-of-damages-in-wrongful-death-cases/

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Dog Bites and Personal Injury Law In Pennsylvania

Most dog lovers consider their canines part of the family. However, even the best-behaved dog can become aggressive and cause injury to others. If you or someone you love has been the victim of a dog bite, it is important to understand the nuances of Pennsylvania law and how it may apply in your case.

Pennsylvania Dog Bite Law

Hiring a skilled injury lawyer is vital if you are pursuing a dog bite claim. These types of cases often involve complex legal issues and may require extensive investigation.

Pennsylvania law requires owners and caretakers to retain reasonable control over their dogs at all times. This means that owners should confine their dogs on their premises and take extra precautions to prevent them from escaping. Even if there is no leash law in a particular town or area, if an unleashed dog causes injury or damage, the owner is typically liable.

In any personal injury claim, a plaintiff must prove that the defendant’s negligence caused their injuries. An injured victim may be able to recover compensation by proving that a dog owner violated Pennsylvania’s dog confinement or dangerous dog statute, but most dog bite claims can be considered what is known as a common law negligence claim. In these types of cases, the following elements must be proven by the plaintiff:

• The defendant had a duty of care to follow a certain legal standard of conduct to protect others from unreasonable risks

• The defendant failed to conform to the required standard

• The defendant’s actions (or inaction) resulted in the plaintiff being injured

• The plaintiff suffered damages or losses

Recovering Compensation in a Pennsylvania Dog Bite Case

Even if your dog bite case seems straightforward, seeking the counsel of a Pennsylvania personal injury attorney who understands how to prove negligence in a dog bite case can help to ensure you recover the full and fair compensation to which you may be entitled. Many homeowners and renters insurance policies cover damages for dog bites and other animal attacks, but insurers do everything they can to offer minimal settlements or to deny claims.

An insurance adjuster or attorney may attempt to blame the dog bite on the victim and claim that the injured person was hurt because they “provoked” the dog. There are all kinds of underhanded tactics they may use to avoid liability. Some policies have exclusions that do not cover injuries caused by certain breeds of dogs, such as pit bulls and rottweilers. In these types of cases, you may have to sue the dog owner directly instead of filing a claim with their insurance company.

An Attorney Will Accurately Value Your Dog Bite Claim

Dog attacks can result in long-term physical injuries and mental conditions. Victims who suffer from scarring, disfigurement, or chronic pain often deal with conditions such as PTSD, depression, and anxiety as well, which can have a significant impact on their quality of life. Treatment for these types of injuries often comes at a high financial and emotional cost. The best accident attorneys know how to calculate these damages correctly. If you attempt to go it alone, you may find that the settlement you receive is not enough to cover the cost of medical care and loss of income, let alone provide compensation for damages like pain and suffering or emotional distress.

If you or a loved one has been injured in a dog attack, contacting an experienced personal injury lawyer can help you understand your rights and maximize your recovery.

This blog was originally posted on https://www.pa4law.com/dog-bites-and-personal-injury-law-in-pennsylvania/

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