In What Ways Can Social Media Impact Your Personal Injury Case?

Why Should I Be Careful About Posting on Social Media About My Personal Injury Case?

It seems harmless enough. You were injured through no fault of your own and are seeking damages. Letting friends and family know via social media is just a way of informing people of what’s going on in your life.

However, even the most innocuous post or video can haunt you if it can be used by the negligent party to prove, in any way, that you had some fault in the matter. To make matters worse, if your friends and family post anything about your case (even if they’re on your side), that could also be used against you.

It’s not just posts that can be problematic. If you check in somewhere online, that could hurt your case. For example, if you claim that your injury caused you to lose mobility and then check in for an adult barre class, the negligent party could point to that as proof that you’re fine and don’t deserve damages.

Other factors of social media include the possibility you would inadvertently contradict yourself in terms of your injury claim; others might post things that could be interpreted as you planning to “make” a lot of money from the claim; or, if your claim is for lost wages due to inability to work, a simple post showing you buying groceries could potentially undermine that claim.

In other words, no matter how harmless it might appear, it’s best to post nothing on social media until your personal injury case is finalized and damages have been paid. It’s also best to ask your family or friends to refrain from posting about it. You can be sure the negligent party will be watching.

Michigan law does allow social media posts to be used as evidence in certain situations, as long as they are relevant to the case and can be proven to have been posted by the author named on the post. Screenshots or cell phone photos of posts are less likely to be allowed (although it’s still possible) because they’re easily manipulated or forged.

The bottom line is: Avoid posting at all if you can. If you’re unsure if something you or someone else has posted might be detrimental to your case, contact an experienced personal injury attorney as soon as possible.

What Has to be Proven for a Successful Personal Injury Case?

There are four components to a successful personal injury case in Michigan. Negligence must be proven, and all four components are needed to prove full negligence.

• Duty of care. The person or organization you’re seeking claims from owed you reasonable care. For example, in the winter, a store’s owner should make efforts to clear snow or ice from sidewalks outside the shop within a reasonable (or, depending on the location, legally mandated) time.
• Breach of the duty of care. If a store owner didn’t attempt to clear snow or ice from the sidewalk outside the shop within a reasonable period, they’ve breached the duty of care.
• Causation. Because the store’s owner didn’t attempt to mitigate the ice and snow in a reasonable period, you fell and were injured. Causation means proving you wouldn’t have been injured if the duty of care hadn’t been breached. This can be the most difficult component to prove.
• Damages. Because of the injury, you sustained physical injuries that led to financial damages (medical bills, lost wages, etc.).

What Are Michigan’s Comparative Negligence Laws?

Often, people think that personal injury is a straightforward case of one person or organization bearing the full liability of the other person’s injury. However, many cases are more complicated than that. In the example used above, say that the injured person was found to be under the influence of alcohol. It may be argued that that contributed to the accident.

Each U.S. state has laws regarding comparative negligence, which determine how liable each party is for the injury.

Contributory negligence is used in only a few states. It states that if the victim is even 1% at fault, they can’t file for damages.

Pure comparative negligence. This is the opposite of contributory negligence in that if the injured party is found to be 99% at fault, they can still file for 1% of the damages.

Modified comparative negligence. This says that once the victim’s percentage of fault reaches a specific percentage, they’re no longer able to file claims. If they are under the threshold, they can file claims, but their award will be reduced by the percentage of fault.

Michigan follows a 50% modified comparative negligence. If the victim is found 50% or greater at fault, they can’t file for damages. If they’re found 30% at fault and are awarded $20,000, they’ll only receive $14,000, or $20,000 minus 30%.

Because the stakes are high, it’s crucial to work with an experienced personal injury attorney who can work to keep your share of the liability below the 50% threshold.

What Should I Do if I Need Help with a Personal Injury Case?

Call the Sigal Law Firm as soon as possible at 248-671-6794 to request a free consultation. We can review the specifics of your injury and the possible ramifications of pursuing damages. Personal injury is a highly complex area of law, and you shouldn’t try to pursue damages on your own. We can provide guidance as to the approach needed to achieve the best possible outcomes for you.