Could Social Media Impact Your Personal Injury Claim?

By Stephanie R. Caudle – Huffington Post 05/09/2016 01:34 pm ET | Updated May 09, 2016

The use of social media is becoming more and more common. In fact, as of January 2014, 74 percent of adults who used the internet also used social media sites, a Pew Research Center report found. (Since that time, it is estimated that that number has grown.) As social media provides a forum for individuals to share their thoughts, feelings, experiences, and photos, it makes sense that some people who have been injured in an accident turn to social media to share details. However, social media effects on a personal injury claim can be negative, and using social media while in the midst of the claims process is not advised.

The following considers what you need to know about how social media affects your personal injury claim:

Social Media Posts Can Be Detrimental to Your Claim of Physical Injury

People who are pursuing a personal injury claim are usually doing so because, in part, they have suffered physical injuries, such as a broken leg, chronic pain, concussion, traumatic brain injury, soft tissue injury, etc. As such, they are seeking damages for two things: first, expenses associated with the injury such as the costs of staying in a hospital, and second, noneconomic damages for pain and suffering that resulted as a direct consequence of the physical injury.

In order to substantiate these damages, a claimant will usually call upon medical experts, as well as any other specialists or witnesses, including family and friends, who can testify to the claimant’s pain.

The job of the defense, or the person/party against whom the claim is being filed, is to do the opposite — try to drag up evidence that suggests that damages are not nearly as severe as the claimant purports. One of the best sources of evidence is social media profiles.

Consider a claimant who is seeking damages for chronic pain, some loss of mobility, and an inability to enjoy physical activities that he or she once loved, such as hiking. The defense scours through the claimant’s social media pages and stumbles upon photographic evidence that suggests the contrary — photos of the claimant enjoying a beautiful hike in the mountains, while smiling, and with friends. As a result, the judge rules that the claimant is not entitled to compensation for these damages as the photos show clear and convincing evidence of not only the claimant’s physical capabilities, but of his or her enjoyment of life as well. (Note: This example is based on the true story of Fotini Kourtesis, who claimed that a rear-end collision left her unable to dance or wrestle with her brother. Facebook pictures showed her being lifted into the air with her brother and dancing after the accident, and the judge ruled against her. You can read more about this in Evidence of Life on Facebook, published in Slate.)

Evidence on Social Media Can Be Used Against You to Disprove Claims of Emotional Distress

In addition to physical injuries, those who are involved in accidents often suffer emotional distress as well. Loss of enjoyment of life, anxiety, depression, and withdrawal and isolation are all things that have been reported by those involved in accidents. And, just like with physical injuries, a claimant who wants to be compensated for his or her emotional injuries must offer proof.

The defense in a personal injury claim may turn to Facebook and other social media sites or forums, such as a claimant’s personal blog, in order to disprove claims of emotional distress, depression, etc. And the evidence that they use may be more surprising than you would think. Rather than the obvious — such as pictures of the claimant enjoying life or smiling amongst friends — the defense may use something as seemingly innocuous as posts on the claimant’s page wishing the claimant a happy birthday, while making the claim that if the claimant was socially isolated and friendless, he or she would not receive birthday wishes from so many other users. Although the link between birthday wishes on a Facebook page and depression may seem loose, be sure that the defense will pull upon anything they can in order to reduce the amount of money they are liable for.


Are My Social Media Postings Public Record?

The examples above raise a question of privacy, with those who have been injured in an accident asking, “Is my social media public record?” The answer is yes. Anything that you post publicly on the internet, or that others post about you, may be used as evidence and therefore used against you during a personal injury claim. Private messages cannot be accessed without consent or a warrant. Anything else, however, is up for grabs.


Best Practices for Social Media

Posting anything online after an accident may be dangerous to your claim, even if you think that what you are posting is harmless or is in no way related to your injury. After you have been in an accident, you should temporarily suspend all of your social media accounts. At the very least, you should be sure that your account is set to private, and that you do not accept any new friend requests during the time period after your accident. You should also ask friends and family members to refrain from posting anything related to you after your accident and to set their profiles to private as well.

Original article.

When Can You Sue for PTSD for Auto Accident Injuries?

By George Khoury, Esq. – FindLaw on April 6, 2017 5:57 AM

When a person is injured in an auto accident, they may be entitled to recover monetary damages for their injuries. In some circumstances, an injury victim can be entitled to recover after suffering an emotional, or mental health, injury, such as post traumatic stress disorder (PTSD), as a result of a car accident. Unless the mental health injury rendered a person incapacitated, they will need to file a lawsuit within the normal time period allowed by their state to file.

While uncommon, in severe auto accidents, particularly when there is a loss of life, severe injuries, or maybe just a whole lot of property damage, it is easily foreseeable that an individual could suffer from PTSD. However, to establish a personal injury case based upon a PTSD diagnosis can be rather challenging. Unlike broken bones, cuts, bumps, and bruises, a mental health injury may not visible on the surface.

Problems of Proof

When suing for a PTSD injury related to a car accident, a plaintiff will need to prove that a qualified doctor made an accurate PTSD diagnosis and that the diagnosis is attributable, at least in part, to the accident. To accomplish this, it is highly likely that expert medical witness testimony will be required.

However, despite what a medical expert states, other problems could arise if the accident was only a minor accident, or there are other tragic incidents, particularly recently, in the plaintiff’s past, or a prior diagnosis for PTSD. However, even if a diagnosis may not be attributable to an accident, a flare up of PTSD symptoms may still be relevant. In other words, it can be claimed that a car accident made an individual’s PTSD worse.

One Bite of the Settlement Apple

A significant problem with PTSD auto accident claims is the timing of a settlement. Frequently, injury victims will settle their cases within 6 month or a year after their injury without ever filing a lawsuit. Just as frequently, PTSD can go undiagnosed for months, or longer if a victim does not have a solid support network. Unfortunately, in nearly every state, once a person settles a personal injury claim, they cannot reopen the case unless there are extraordinary circumstances, such as a fraud in the inducement to sign. Typically, an undiscovered injury will not qualify to reopen a settled case.

Original article.

5 Common Questions About Which Injuries Qualify for Workers’ Compensation

By George Khoury, Esq. – FindLaw on April 10, 2017 5:55 AM

Workers’ compensation law is a complex area of law that blends principles of employment law and personal injury law. Workers’ comp claims cover on-the-job injuries, of all sorts, for employees in nearly every industry. However, not all employees will be covered.

For an employee’s injury to be covered by workers’ comp, the two main requirements include:

  • that the employee actually be an employee, rather than an independent contractor; and
  • that the injury occurred within the scope of employment.

Additionally, because workers’ comp law is a product of state law, requirements may vary from state to state. Below you’ll find five of the most common questions about which injuries may qualify for workers’ comp.

1. Can I Get Workers’ Comp for Anxiety and Emotional Distress?

Whether or not you can get workers’ comp for anxiety and emotional distress will depend largely on your state’s laws. Typically though, an employee would need to show that the anxiety and emotional distress are related to the actual work, or work environment, and not caused by some other source. Additionally, these injuries can be difficult to prove because they are often not visible on the surface.

2. Can I Get Workers’ Compensation for Frostbite?

Whether or not frostbite will qualify for workers’ comp can sometimes be a tricky question. Generally, employees that must work outdoors in cold weather will likely qualify if the frostbite injury occurred while working.

3. Can I Get Workers’ Comp for Alcoholism?

Although alcoholism is recognized, medically, as a serious addiction problem, showing that alcoholism is work related poses a big challenge for a workers’ comp claim. Unless drinking alcohol is a requirement of your job, it will exceedingly difficult to qualify. But, under the right set of facts, it may be possible.

4. Can I Get Workers’ Comp for Stress?

Like workers’ comp claims for anxiety and emotional distress, claims that result from extreme stress are not available in every state. Also, similarly, these claims can be difficult to prove because stress may not be visible on the surface.

5. Can You Get Workers’ Comp for Zika?

In theory, if an employee contracts Zika while on-the-job, they should qualify for workers’ compensation. Workers’ comp laws are designed to provide workers with relief for injuries sustained while working for an employer. However, a problem with a claim for Zika is proving that it was contracted while working.

Workers’ compensation claims can be difficult to assess without the assistance of a workers’ compensation attorney. Frequently, workers’ comp attorneys will provide free consultations and services on a contingency fee (no upfront cost to you). Seeking a consultation as soon as possible after an on-the-job injury is recommended in order to maximize your receipt of benefits.

Original article.

United Airlines Passenger Dragged Off Flight Lawyers Up

By George Khoury, Esq. – FindLaw on April 13, 2017 5:57 AM

Dr. David Dao was one of four passengers on a United Airlines flight that was recently forced to give up his seat for UA employees. The airline claims that the flight was overbooked and it needed four passengers to give up seats for employees that needed to be at the plane’s destination for work.

After Dr. Dao boarded, while in his seat, he was asked to exit the plane. When he refused, stating that he had patients to see the next day, police were called, and he was forcibly removed from his seat, and literally dragged down the plane’s aisle and off the plane. The incident was captured by cell phone video by a few passengers, who posted the videos to social media.

Social Response

United Airlines has been embroiled in a public relations nightmare as a result of their corporate policies that resulted in Dr. Dao being battered and physically dragged off a flight while bleeding. The airline quickly attempted to defend their actions. However, the social media backlash seemingly caused the airline to do a 180, issuing an apology and a statement asserting that police will never be used again to remove a passenger from an overbooked flight.

Despite the public apology and claims of corrective action, Dr. Dao has retained attorneys to potentially pursue legal claims.

Legal Claims

Although the intensity of the online backlash has subsided slightly, the passenger has retained an attorney. In addition to potential claims for injury against the airline, there are potentially claims against the police department and officer for excessive force.

Furthermore, in the aftermath of the incident, many media sources started researching Dr. Dao’s background. However, media outlets may have published rather private, personal and potentially embarrassing information about Dr. Dao, which could cause him financial damages.

As a result of these published articles about Dr. Dao, he may have strong claims for defamation against the media outlets that failed to check their sources and reported inaccurate information. Additionally, Dr. Dao could have claims for invasion of privacy.

Original article.

Nursing Home Settles Wrongful Death Case Alleging Misuse of Psychotropic Drugs

By George Khoury, Esq. – FindLaw on April 10, 2017 2:57 PM

The AARP Foundation has reported that the family of Bobby Glen Tweed has reached a settlement with the nursing home over the wrongful death action filed in Tennessee state court. Although the full terms of the settlement are confidential, the report explains that the family did secure a damages award.

The death of Bobby Glen Tweed was alleged to a result of strong psychotropic drugs that were misused on him, as they are on countless other Alzheimer’s and dementia patients. The psychotropics were allegedly used not for any medical benefit, but rather to make the 78 year old Mr. Tweed more docile or compliant.

What makes this case that much more appalling is the fact that the psychotropic drugs used here are, and were, actually linked to death in patients with dementia. Additionally, Mr. Tweed’s daughter, who held the power of attorney, was never consulted about the administration of these drugs for her father.

A Nationwide Crisis

Treating and caring for individuals with Alzheimer’s and dementia isn’t easy. Frequently, loving families come to the realization that a loved one with one of these conditions must be admitted to a nursing home, or other facility, for their own safety. However, an investigative report issued by the AARP in 2014 found that nursing homes were overusing psychotropic drugs on Alzheimer’s and dementia patients at an alarming rate, nationwide.

The AARP report explained that these drugs are often used on patients that are considered disruptive, or a danger to themselves or others. Unfortunately, due to staff shortages, and widespread inadequate care in nursing facilities, psychotropic drugs are often prescribed to make the staff’s job more convenient.

Suing a Nursing Home

Nursing homes can be held liable for negligent injuries and deaths that occur while a patient is in their facility. Similarly to hospitals, nursing homes, and the individual medical professionals, can be sued for negligence, as well as medical malpractice.

Additionally, as in Mr. Tweed’s case where there was a lack of consent, the facility and treating medical professionals can also be held liable under a theory of assault and/or battery. When a medical treatment is administered without consent, tort battery charges can be brought.

Original article.