FACEBOOK: FAIR GAME, OR OFF LIMITS?

 Posted on December 19, 2015 in Personal Injury

Recognizing the potentially intrusive, and irrelevant, aspects of an individuals’posting on social media accounts, New York’s highest court will decide whether these accounts are off-limits in personal injury lawsuits.

Common sense would dictate that any postings by an individual that is directly related to that litigant’s claims (i.e. photos/messages regarding the rock-climbing experience from someone claiming a permanent head or back injury) should be produced, but other, unrelated postings on social media accounts should not have to be produced for the opposing counsel.

Insurance companies, and insurance defense counsel, are increasingly submitting broad ranging requests to gain access to all postings by an individual on social media outlets, irrespective of the potential relevance to that particular case. Implied in those requests is the hope that there maybe personal, delicate information that a claimant may not want in the public realm, and thus discourage claimants from proceeding with their claims, even though the sensitive information requested has absolutely nothing to do with the lawsuit.

If you have a significant claim for serious, or catastrophic, injuries,or the wrongful death of a loved one, you need to have an attorney that will vigorously defend your right to privacy, and maximize your recovery,whether by settlement or trial. Contact our firm today to learn how we can help.