What has changed for personal injury in the last 5 years?

Bone fracture foot and leg on male patient with splint cast and crutches during surgery rehabilitation and orthopaedic recovery staying at home

Many people think of the legal system as fixed, but in fact, it is constantly evolving. As society changes, laws and legal practices must adapt with it.

Personal injury law is no exception. Over the past 5 years, new social media apps have changed the way personal injury attorneys gather evidence and think about liability.

Personal injury law and social media

Since the turn of the century, social media has been a major part of people’s lives. More and more, people post about their private lives – including personal injuries – on social media sites. Over the past five years, photo- and video-sharing apps have become especially popular.

The legal system has slowly adapted to the prevalence of social media. In 2018, the New York Court of Appeals ruled that private photos and messages shared on Facebook could be used as evidence in court.

This case, known as Forman v. Henkin, sets the standard that nothing shared online is truly private when it comes to personal injury law.

Can social media posts hurt your case?

While the social media posts of witnesses might help your case, your own social media posts are more likely to be used against you. Be prudent about what you post on social media platforms after an injury. If your posts contradict your claims in court, it could hurt your case. 

Posts about vacations, physical activities, or a night out will invite skepticism about how injured you are. Updates on your recovery are also risky. When in doubt, don’t post anything on social media during litigation. 

How COVID-19 is changing personal injury law

The COVID-19 pandemic has also begun to change personal injury law. In the short term, the pandemic has caused delays in lawsuits, and some plaintiffs have felt pressured to settle.

But the pandemic will cause more long-term changes as well. Business owners must now be very conscientious about sanitation practices. If it can be proven that a person contracted COVID-19 because of a business’s lack of adequate safety measures, that business may be held accountable in a court of law.

If you or a loved one have been injured, Carrigan & Anderson can help you. For a free consultation, call us at 361-884-4437 or reach us through the contact form here on our website.

At Carrigan & Anderson, PLLC we can talk to you about your options and rights.

Carrdigan and Anderson