Can Your Social Media Posts be Used in a Personal Injury Case?

Many people forget that what is put out on social media sites is public. These posts can be used in any type of court case, so being aware of what you put out there is vital.

Social media has transformed the world. Facebook, Twitter, G+, YouTube and many other sites make it simple and easy for us to communicate with family and friends, and to form new connections with other people as well. However, it can be easy to forget that once something is posted on these sites, it’s out there forever. There’s no real way to take it back. What’s more, they can also be used against you in a court of law, in your personal injury case. Read more »

Auto Accidents on the Rise in Gainesville

Gainesville has recently received negative publicity following a devastating pile up on I-75 that resulted in the death of ten people as well as the hospitalization of 18. This isolated incident is just one example of the increased rate of auto accidents in the area, and residents are desperately searching for answers as to why this is occurring.

One common hindrance in the Gainesville area is the low visibility during morning driving. Early morning fog is prevalent in this area, and it can significantly affect a driver’s ability to see what lies ahead. In the case of the recent pile up, a mixture of smoke and fog prevented unsuspecting drivers from seeing the danger that was right ahead of them. Read more »

Florida Leads Nation in Pedestrian Deaths

Florida Leads Nation in Pedestrian DeathsAccording to a new report released by Transportation for America, 11.1% of pedestrians and 17.4% of bicyclists were killed in Florida making it one of the deadliest states for walkers and bikers.

Out of the top 10 most dangerous cities, four Florida cities made the list: Orlando, Tampa, Jacksonville, and Miami.

Data also reveals that Florida has been in the top 3 in bicycle and pedestrian fatalities every year since 2001.

According to the report, three factors may contribute to the high number of fatalities:

  • Massive population growth as Florida has developed faster than any other state
  • Tourism development as 80 million visitors came to Florida last year alone.
  • Climate may contribute to this high risk as more Floridians spend time outside.

How to Stay Street Smart

Here are some steps to ensure you prevent injuries and deaths from motor vehicle crashes:

  • Be especially cautious at intersections where drivers often fail to yield the right of way to pedestrians while turning to another street.
  • Increase self visibility at night by carrying a flashlight or investing in a clip-on blinking light that attaches to your clothes.
  • Cross the street at a designated crosswalk when possible. Wait for the crosswalk light to permit you to cross as well.
  • Avoid the use of your cell phone at dangerous intersections as it can distract you from incoming traffic.
  • Walk facing traffic to ensure you are seen and being seen.

If you’ve been injured in a pedestrian accident, contact the legal team at Steven A. Bagen & Associates, P.A. Our personal injury lawyers have a vast amount of experience in dealing with pedestrian injuries and other personal injury cases. Contact us today for a free consultation.

 

Social Media – The Smoking Gun in the Personal Injury Lawsuits

Technology has undoubtedly changed the world we live in. If you want to communicate with your friends as to your day or your plans that night, you more often than not use a social networking site as means of getting the word out. However, your social networking of choice could also be your biggest obstruction when you decide to pursue a personal injury claim.

Guard Your Privacy

When you are putting together a personal injury claim, it’s important to understand that anything private can be made public easily. The defense will stop at nothing to tear down your case. Oftentimes, you can expect to have different parts of your life presented in a court of law that you thought were behind you or were guarded by privacy settings. In recent years, courts have considered whether the information and photographs posted on websites like Facebook must be disclosed. In many situations, the injured party may be obligated to provide the contents of their Facebook account, including those sections that are categorized as private.

Keeping Your Case and Your Facebook Separate

Here are a few tips to ensure that your social media profile stays out of your personal injury case.

  • Disable all social media accounts – When you go into your initial consultation, your personal injury lawyer will advise you to disable all social media accounts. Your blog, your social media accounts, and any other internet medium that allows you to publicly interact with others.
  • Search for yourself – Use a search engine to perform a search on yourself. Type your name into a search engine to see what is available online in terms of your background and your past.
  • Monitor your friends’ activities – Keep an eye on the posts and topics your friends are discussing online. View location check-ins, comments, and photos to ensure that your name remains private and you’re aware at all times of what is being said about you online.

Why It’s Important

From jury selection to settlements, social media is playing an intricate role in how cases all over the Nation are being developed.  Although some courts are attempting to ban social media from entering the courts, it is impossible at the rate that social networks are growing.

Rachel Wade vs. the State of Florida

Rachel Wade is serving a 27-year prison sentence for the murder of her romantic rival, Sarah Ludemann. The two were fighting over Joshua Camacho, a 19-year-old, who was dating both girls at the same time. Wade, who was 19 years old at the time, blames social media for her conviction.  Rachel Wade used the social networking website MySpace to threaten Ludemann. Her threats toward Ludemann may have inevitably resulted in her guilty conviction.

According to Rachel Wade’s attorney, Jay Herbert, “There was an incubation period in which the case percolated and verbal and malicious threats went back and forth both ways between the two girls,” Hebert told AOL News.  ”The entire relationship played out in either a MySpace forum or instant communication back and forth, and that just led to a [much] heightened, very volatile [situation].”

It took a jury less than three hours to convict Wade of murdering Ludemann.

Social Media in Other Trials

Here are some other documented examples of how social media usage has played a part in recent court proceedings:

  • A juror posted details of a case on her Facebook page then polled her friends on how the case should be decided.
  • A Maryland juror looked up the definition of a word on Wikipedia one night after deliberations.
  • A New York juror requested a witness to be her Facebook friend after one day of deliberations.
  • A California defendant’s girlfriend tampered with a juror through MySpace.

It is scary but true, anything you post online can be used against you in a court of law. If you’re a plaintiff in a personal injury case, speak to a lawyer today about what you need to do to protect your privacy and ensure you receive the most unbiased case possible.

 

7 Things to Do after an Accident

Ambulance, Personal InjuryWhen you’ve been injured in a slip and fall, a car accident, or any type of personal injury incident, you’re probably feeling overwhelmed by the chaos and flurry of emotions.

With all of the confusion, it can be easy to lose sight of the proper steps to take next. However, if you have been in an accident, then it is essential that you follow these steps to ensure you have a solid case. Here are 7 things you need to do when you’ve been injured in an accident.

 

Secure the scene. When an injury occurs, the first thing you must do is prevent any further danger while you wait for help. Drag injured persons away from danger, move away from unstable debris, or put out any fires.

Call for assistance. As soon as the area is secure and any visible dangers have been removed, call for help. The sooner help arrives, the better your chances of survival and lessening the severity of long-term effects of your injuries.

Apply first aid. Accidents and injures occur everyday and those who are unprepared to handle them are often the ones who suffer the most. Keep a first-aid kit on you at all times to assist in times of crisis. Begin CPR, put pressure on bleeding wounds, and stabilize broken bones. Stay calm and ensure that all panicked parties remain stable as well.

Record details. Once emergency personnel have arrived and the threat of immediate danger has dissipated, it’s time to record as much information as possible about the situation and the accident. Take pictures, jot down details, and record the time sequence of the accident. No detail is too small and you would be surprised what information will assist law enforcement, paramedics, and doctors.

Get a medical evaluation. Even if you think you were fortunate enough to walk away from an accident, you may be surprised at the invisible, internal injuries you may have suffered. While you may feel fine, a severe injury may present itself within hours or even days.

Be honest. During your medical evaluation, tell the medical staff that your injuries may result in a personal injury lawsuit. Why? Every doctor and nurse should chart as if each case may be presented in a court of law. However, in mentioning the possible action prior to an exam, it will prompt the staff to spend a few extra moments documenting important details and verifying records.

Contact a personal injury attorney. When you’ve been injured in an accident and you’ve taken the necessary steps to protect yourself and the scene, the last step is to contact a personal injury attorney. The attorneys at Steven A. Bagen will provide you with a free consultation to help you decide whether you have a case.

When to Call a Personal Injury Attorney

Personal Injury, Car Accident
When you’ve been seriously injured in an accident, it can be a scary time for you and your family. There are so many questions, not enough answers, and too little time to decide what to do next. One of the first steps to getting your life back is to know when to call in a personal injury attorney to assist you in your case.

You’ve been told by a doctor that you’re seriously injured. If your injury has ultimately led you to the hospital and a medical professional has deemed your injury serious, then it’s time to call a personal injury lawyer. Just because you may be covered by insurance, does not mean you should trust they have your family’s best interest at heart. If you are losing time from work and you can not get the recovery you deserve, then it is time to bring in a qualified personal injury attorney. An attorney will work with your insurance company and the other parties involved to ensure you have less to worry about as you recover from your traumatic injury.

Read more »