Special Circumstances
Is it Too Late to Hire an Attorney?
Child Injuries
Tolling the Statute of Limitations
Case Resolution
Car Accident Settlements
Taking a Car Accident Case to Trial
Mediating a Car Accident Case
How Car Accident Cases are Defended
How Car Insurance Carriers Defend Themselves
How Social Media Can Harm Your Case

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Special Circumstance

How Long is Too Long – Car Accidents

Houston Personal Injury Lawyers » How Long is Too Long – Car Accidents

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How to tell if it’s too late to hire an attorney

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Many times we are often contacted by car accident victims that try to handle their case on their own or have a different law firm representing them and are unhappy with the results thus far. The question we often hear, “is it to late to hire your law firm?” The short answer is it’s usually not too late and it depends on the circumstances of your case. We always welcome the opportunity to review your case and give you an honest appraisal.

Signs that we may not be able to help you

If the insurance carrier has already issued an initial offer, typically once an insurance carrier makes an offer, by that point, the damage has already been done and there low ball offer is based on the decision that they beat you. The insurance carriers do this because they think they can beat you due to the fact that something is wrong with the case, and typically you have said or have done something that is beneficial to them. The only and appropriate remedy is to file a lawsuit. The best way for an attorney to help you is to hire an attorney before the offers come out by an insurance carrier.

If another law firm withdrew from your case

What we find that is common in a car accident case is a person will hire inexperienced lawyers to represent them. These lawyers will screw the case up and then once they realize that they screwed, the lawyers will withdraw from the case and you leave you high and dry. The most effective way to remedy this situation is to hire our attorneys. We will be able to get into the case early and fix the other lawyers mistakes.

If the Statute of Limitations has run out

If you have been “negotiating” with the insurance carrier for more than two years you will not have a case anymore and there is little that we can do with that.

Despite the fact that these are usually bad signs, this does not mean that we cannot help you. For instance, a client signed a pre-injury waiver stating that the client will not sue anybody for their injuries. Nonetheless, the defendant did something really reckless and our client became injured by the defendant. Even though our client signed the waiver, we found that the waiver was not binding against our client and we sued the defendant and won the case.

Did You Know?

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Michael Grossman has been fighting for car accident victims` rights for over 20 years. Call Mike to discuss your case. 1-855-392-0000

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We had another case, where someone hired another law firm to represent them in a car accident case. The law firm that represented this person had screwed up the case so badly, which caused the person to receive a low ball offer from the defendant. They contacted our firm devastated and claiming that they did not know what to do. Our firm looked into their case, accessed it and found that it was past no return, but we found that there was another defendant that could be sued. We sued them and the person was awarded the compensation that they deserved.

In every case there are a lot of moving parts and there is a lot of issue spotting. All cases are different and because of this you need an experienced attorney who will be able to access you case and problem solve the issues that may arise. Call our office today to speak to our friendly staff about your case. Contact Grossman Law Offices at 1-855-392-0000.
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Child Injured in a Car Accident

Houston Personal Injury Lawyers » Child Injured in a Car Accident

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If Your Child has Been Injured in an Automobile Accident, You Need Experience on Your Side

A sad reality is that our children are vulnerable to injuries every time we buckle them in our cars or allow them to ride in a vehicle operated by another. This fact rings true regardless of the safety rating our vehicles are assigned by the NHTSA, how big our SUV is, the number and location of air bags, or if they’re in a car seat specially molded for their bodies. Simply put: try as we may, we can’t always control or anticipate the injuries our children suffer in a car accident.

However, you can control which attorney you hire on your child’s behalf in redressing their injuries from an auto accident. As a parent, your child needs you to advocate on their behalf, and the decision you make regarding who represents them can affect the rest of their life. You should consult the attorneys at Grossman Law Offices if your child has been injured in an auto accident for the same reason you may have purchased a particular safety seat or stroller: they are dependable, trustworthy, and will work hard to fulfill the purpose for which they were obtained.

You Child’s Long-Term Needs Must be Considered When Seeking Damages or Negotiating a Settlement.

When considering injuries suffered by your child, it’s important to keep an eye towards future medical needs that arise due to the car accident. Failure to negotiate a sufficiently large settlement or award in court may negatively affect your child for years to come because recovery for your child’s injuries can only be obtained once. Your child’s injuries and future medical needs may be complex and expensive, requiring the opinions of numerous medical and economic experts. You should be aware that failure to obtain a sufficiently large award might also hurt your wallet, as you are obligated to pay for your child’s medical expenses when recovery from the responsive driver in the auto accident is inadequate. This figure is often difficult to calculate, as complications and additional injuries are not easily known or foreseeable. Thus, retaining an attorney experienced with representing children injured in car accidents is vital to securing maximum recovery and ensuring that your child’s long-term needs are covered.

You should also note that because you are the party responsible for hiring an attorney on your child’s behalf, a court might insist that an attorney ad litem be appointed for your child. This is a common practice by courts, with the purpose of ensuring that your child’s best interests in recovering from the auto accident are represented, and that the attorney you’ve retained on your child’s behalf is not actually unfairly representing you instead of your child.

Be Aware That Child Car Accident Attorneys Address Injuries That Occur Outside of the Vehicle

Many children are curious by nature. Because of this, they often explore and like to “investigate” things. A problem sometimes occurs when a car is left unlocked and the keys are stored inside. The internet is full of stories of children who found keys in an unlocked car and decided to go for a joy ride. People who leave their vehicles unlocked and the keys inside should be aware that they might be liable for all damages the child causes under the attractive nuisance doctrine. Thus, if your child is in a car accident while operating the vehicle of another, the owner of that vehicle might be strictly liable for any damages caused in the wreck. However, you should also keep in mind that, depending on their child’s age, you might also be partially liable for the damages your child causes as parents have a limited duty to supervise their children.

Tragically, many children are also killed or injured every year by inattentive drivers backing out of their driveway, another type of auto-accident. All drivers have a duty to exercise a certain degree of care while operating their vehicle, including backing out of their driveway or from a parking spot. Unfortunately, drivers sometimes fail to exercise ordinary care in operating their vehicle in reverse, and kill or injure unsuspecting children as a result. While these tragedies can often be avoided, a smart and experienced auto accident attorney is needed to secure maximum compensation from the negligent driver.

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Your Child Needs an Attorney Experienced With Representing Injured Children

If your child has been injured in an auto accident, it is in both yours and your child’s best interest to hire a car accident attorney with a proven track record of success in obtaining the maximum recovery possible for your child’s injuries. The attorneys at Grossman Law Offices have successfully represented injured children for over 20 years and have the unique combination of skill and expertise required to ensure that your child’s rights are fairly represented. Please contact our office for a free consultation 24 hours a day, seven days a week, 365 days a year at 1-855-392-0000.
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When is a Statute of Limitations Tolled?

Houston Personal Injury Lawyers » When is a Statute of Limitations Tolled?

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Instances in Which the Statute of Limitation in Texas May be Extended or “Tolled”

If you or your loved one has been injured in a car accident caused by a negligent or reckless driver, you may have heard of the terms “statute of limitations” and “tolled” and want to know how they apply to your case. The best way to definitely answer your inquiry is to contact our experienced car wreck attorney at Grossman Law Offices for a detailed analysis of the facts of your case. Our attorneys have more than 20 years experience representing injured car accident victims across Texas, and will be able to tell you how a statute of limitations applies to your case, including if they have been tolled.

What is a Statute of Limitations and How Does it Apply to Texas Car Accident Cases?

The Texas Legislature has prescribed laws, called “statutes of limitations,” that limit the time when a personal injury victim can file a lawsuit against the party that caused his injuries to recover for his property damages and personal injuries. Specifically, Texas car accident victims have two years from the date of the accident to file a lawsuit. The Texas Legislature prescribes statute of limitations with two goals in mind: to promote efficiency in the legal system and to ensure that the evidence needed to litigate your case isn’t lost or inadvertently destroyed.

However, what if you don’t discover your injuries from the car accident until the statute of limitations have ran? If you’re afraid that your newly discovered injury doesn’t comply the statute of limitations, your attorney may be able to assert the “discovery rule” on your behalf.

Limitations May be Tolled if You’re Injuries Weren’t Discovered Until a Later Time

Texas laws allows for car accident victims to delay the time where the statute of limitations is calculated until his injuries were or should have been discovered. This principle, known as the “discovery rule,” will “toll,” or delay, the statute of limitation calculation until the injury victim has learned of his injuries. Thus, the discovery rule may allow a car accident victim to assert a lawsuit to recover for their injuries and property damages when their lawsuit would have traditionally been barred by the statute of limitations.

As you might imagine, defendant and their auto insurance carrier will likely be suspicious for your recently discovered injuries, and will do everything in their power to defeat your case by claiming that your injuries were caused by something else besides the auto accident. For that reason, you need our tough and experienced car accident attorneys at Grossman Law Offices to work and fight hard on your behalf to obtain justice and compensation for your injuries.

Limitations May be Tolled in a Texas Car Accident For Minor or Incapacitated Victims

A statute of limitations may be extended, or “tolled” for a limited period of time in specific circumstances identified by Texas law. Specifically, a car accident victim may toll the two-year statue of limitations if he doesn’t have the mental ability necessary to file a lawsuit, which usually occurs when the car accident victim is a minor or was incapacitated.

For example, if you were injured in an auto accident before you were 18 years old, the statute of limitations would tolled until you turn 18 years old. Thus, under the tolling theory, an injured child is able to file a lawsuit for injuries sustained in an auto accident until his 20th birthday.

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Why You Need an Attorney to Determine How the Statute of Limitations Applies to Your Car Accident Case, and if it Can be Tolled

If you’ve been injured in a car accident, it’s important that you contact an experienced car wreck attorney to ensure that you’re not prevented from recovering for your injuries. The driver responsible for your injuries and his insurance carrier will likely employ a number of tactics when attempting to prove that the statute of limitations have expired and shouldn’t be tolled. To combat these tactics, you should retain our experienced car wreck attorneys at Grossman Law Offices, who will fight hard to ensure that you are compensated fully for your injuries.

If you’ve been injured in a car accident, our car accident attorneys at Grossman Law Offices are available any time, day or night, to provide a free consultation regarding your car wreck injuries and what they can do to ensure that the statute of limitations haven’t expired at 1-855-392-0000.

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Case Resolution

Settling Car Accident Cases

Houston Personal Injury Lawyers » Settling Car Accident Cases

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Car Accident Settlements

Many car accidents do not have to reach the court; Often times, a settlement is reached soon after a complaint is filed with the appropriate court. As a plaintiff, the aggrieved party filing suit, you have the obligation of providing all the evidence to prove your case. This task is much harder than the prior statement implies. There are evidentiary standards that an attorney, like those at the Grossman Law Offices, have studied and practiced extensively to prove your case by a preponderance of the evidence. In our history of cases that have settled, we have found that although there is a strict burden on the plaintiff, if the burden can be met the threat of litigation and taking a case in front of a jury is enough of a threat to the defendant that they would rather settle out of court than face a trial by jury.

What Exactly is a Settlement?

What is referred to as a settlement is in fact more appropriately called a “settlement agreement”. It is at its most fundamental a civil contract between the parties that puts rights and obligations on both parties involved in the settlement agreement. The most common form of settlement agreement is the payment of monetary compensation to the plaintiff in exchange for the plaintiff’s agreement to drop all current and future civil litigations against the defendant. A vast majority of the time settlement agreements include a non-disclosure clause where the parties are prevented from ever publicly discussing the terms of the settlement agreement.

Why is it Called a Settlement?

Fundamentally, the term “settlement” means that both parties are giving up a fight and settling for something less than a complete victory. The plaintiff is giving up his lawsuit and taking less of an award than may have been available. The defendant is paying out an amount of money when he could have paid nothing.
Does this mean you are going to lose money in your case? Not necessarily. Depending on the facts of your case, an experienced attorney can get you an award that you would be happy with and will compensate you for your injury. Because settlement agreements are built on the premise that both parties must agree to the settlement before it can take effect, you can decline the settlement agreement any time prior to agreeing to the settlement. As your attorneys we will never force you to accept a settlement agreement that you are not satisfied with.

Why Should I Settle if I Have a Good Case? Shouldn’t I go to Trial?

A “good case” is a matter of perspective and in the end whether you have a good case is up to a jury. No matter what the facts or legal issues in a case, a jury trial is always at its heart a gamble. There are no guarantees and many times it is better to take the safe road and know the outcome of your lawsuit rather than playing dangerously and gambling with the results of your case. Something can always go wrong and juries can be hard to predict. Our attorneys have years of experience dealing with juries and jury trials. If our attorneys advise you that you should consider settlement, it does not necessarily mean you have a bad case, it could mean there are unknown variables were something could go wrong and you should consider your attorney’s advise seriously.

Advantages of Settling

The biggest advantage of a settlement agreement is that you are getting a guaranteed result. Knowing in advance the resolution of your claim means that you can entirely avoid the uncertainty of a trial and rogue jurors. Additionally, a civil jury can only award monetary damages. In the case of a settlement agreement a clause can be included to either require or prohibit the defendant to conduct an activity. For example if you are settling with a defendant drunk driver who injured you, you can help reform them by requiring that they attend a program to rehabilitate alcoholics.

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What Makes a Defendant Want to Settle?

Fear of the uncertainty of a trial makes a defendant want to settle. In the case of insurance carriers who are defendants, they care only about their bottom line. If it is financially better for them to settle then to go to trial then they will want to settle. That means a plaintiff has to build the strongest case possible in order to intimidate them into settling. Only when you show an insurance carrier defendant that you have built a strong case and there is the possibility that they will lose at trial, will they then agree to sit down and negotiate a settlement. In order to build your strongest case possible, you need the help of Grossman Law Offices. Our attorneys will work to determine the best option for your case and, if settlement is the best option for your case, we will work to build the strong case possible and to force the defendant to offer you a complete and fair settlement agreement.
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Mediating a Car Accident in Texas

Houston Personal Injury Lawyers » Mediating a Car Accident in Texas

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Mediation as a Form of Alternative Dispute Resolution Following an Automobile Accident

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Before almost any lawsuit case can go to trial the Court will require some form of Alternative Dispute Resolution (ADR). Mediation is the most common form of ADR. What does that mean for your car accident claim? When does it usually happen and what is involved with a mediation?

What is Mediation and When Does it Happen?

Mediation is the final step on the way to trial. The court system has a large backlog of cases. It has an interest in having as many cases settle outside of trial as is possible. Mediation occurs before trial but after almost every other part of the case. Your attorney will have filed the lawsuit, done investigations on the case, taken depositions and exchanged all the important information with the other side (the discovery process). They will have already made a demand on the defendant. A demand is a request for the amount of money that it will take to make you whole after your injuries. Usually, the defendant is not willing to just hand over the cash. The Court will then send each side to mediation. The legal process before mediation can be a lengthy one, often well over a year from the initial time of the accident.

Mediation is a time in which the parties will get together in an informal setting and discuss the accident with a mediator present. Mediation is also nonbinding. This means that the parties are not required to come to an agreement. Mediators can be anyone, not just attorneys. However, often retired judges will act as mediators. These mediators will have ruled on hundreds of car accident cases. This is the ideal situation, as they will have the best understanding of how the court system works and how claims similar to yours have fared in the past. They also will be listened to and have the respect of the attorneys for both sides.

The Mediation Process

The mediation itself can take as little as half a day or as long as a week depending on the parties and the complexity of the case. The process itself is very similar no matter how long it takes, there is a joint session and individual caucuses.

In the joint session, all the parties and the mediator are in the same room and each side can make a presentation about the strengths of their case. These are usually fairly short, and sometimes they are just skipped. Remember, by the time mediation occurs, the parties have already gone through the discovery process and exchanged significant information regarding the case, investigated it, and probably given depositions. The attorneys for all sides have a solid understanding of one anothers cases.

After the joint session, the parties will split into private areas and have an individual caucus. Here is where having a good mediator is vital. In the individual caucuses the mediator will go between the parties and exchange offers and demands. The mediator will discuss the claim with each side, discuss the offer or demand that has been made, and any potential counter offers being considered. The mediator usually understands the strengths and weaknesses of each case. He can influence the attorneys to raise or lower the offers based on his experiences with similar accident cases. If the case is settled, the court is notified and the case is all but over. If an agreement is not reached, the mediator will present the court with a mediator’s proposal. The mediator’s proposal is a report to the court of what the mediator thinks would be a fair compromise between the parties. The parties would then head for trial.

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How Grossman Law Offices Handles Mediation

We handle mediation a little differently than most firms. The joint session is not skipped or given little attention. Instead, it is where we focus most of our attention. We will have a miniature trial during the joint session, presenting our evidence both to the defense and to the mediator. The whole idea here is to convince the mediator that we have the stronger case, that you are on the right side of the law, and that you deserve to be compensated for your injuries. Once we have presented our case, and convinced the mediator that we are on the right side of things, the mediator will then convince the defense to make higher offers in the individual caucuses. This allows us to steer the mediation. It gives us more control of the outcome, and increases the likelihood of settlement.

You must find an experienced and dedicated attorney to help you with your case to have a positive outcome. You need an attorney that is willing to go the distance for you. The attorneys of Grossman Law Offices have mediated thousands of car accident cases and been very successful for their clients. Give us a call at 1-855-392-000 at any time, day or night, to set up your free consultation.
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How Car Accident Cases are Defended

How Insurance Carriers Defend Themselves

Houston Personal Injury Lawyers » How Insurance Carriers Defend Themselves

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How Car Accident Cases Are Defended

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Car accidents occur every single day and if you ask each party what happened it’s likely that they would have different explanations as to the events that led to the accident. Neither party ever wanting to admit that they were the wrongful acting party, you will need to bring a case in order to receive any compensation in most situations. There are two ways car accident cases are defended, first by the insurance adjuster, and then once a suit is filed or when the insurance adjuster realizes that they may be in for a fight, the insurance carrier’s defense attorney is going to get involved. This article will discuss some of the tactics they will use to defend the case. The best thing you can do to limit their defenses is to hire the attorneys at Grossman Law Offices to assert your traffic accident case and fight for your rights as a victim. We have seen all the defenses that insurance companies and their attorneys bring and we know how to defeat them.

Disputing Liability

The most successful way insurance companies have found to defend against your claim is to argue that their insured driver is not at fault. They will try to shift the blame back to you or onto some other party altogether. Insurance companies will try to do this not only to avoid liability completely, but also to minimize damages. For every percentage point of liability they can deflect off of themselves, the less money they will have to pay you. This is due to the practice of comparative negligence in tort cases. In Texas, individuals can recover damages even if it is determined that they are partially at fault for the accident. This is commonly referred to as the “51% rule.” If you can prove that the other party was at least 51% at fault for the accident you can recover for injuries. Also, the amount of damages that you may recover will be dependent on the percentage that you are at fault. You are only able to recover for the amount of fault that the other party was in the accident. For instance, if it is determined that you were 25% at fault and the other party was 75% at fault in your accident you would only be able to recover 75% of your damages.

You and your attorney will be tasked with proving the level of fault of the other party, even if fault is obvious. Insurance companies are not parties that will roll over and pay out liability without disputing every possible claim. If you make the mistake of assuming that they will accept liability, you are sadly mistaken. Furthermore, just because they have accepted liability for your property damage claim, that has no bearing on whether or not they will accept liability for your injuries. The law allows them to agree that they caused the accident but deny that they caused you to suffer your claimed injuries.

Disputing Damages

Many times insurance companies will try to dispute the injuries they caused or the extent of the injuries that they may have caused. This is frequently done by them claiming that a pre-existing condition or event was the cause of your injuries. Insurance companies will typically request your medical records for up to two years prior to the accident to try to find any treatment that may be linked to an injury that you are now claiming. They will find a way to make these assertions; this is why it is important to make sure that you hire an attorney that will show that these defenses are baseless.

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When all else fails they will attack your character or credibility.

Insurance companies are not above playing dirty. Many times when you have an exceptionally strong case against them they will attack your character. They will often claim that you are either faking your injuries or exaggerating them in order to get recovery. They will take any potential question mark in your past and use it to their advantage. Don’t be a victim to these types of actions; allow us to protect you against these attacks. To learn more about your recovery potential call 1-855-392-0000, you will be glad that you did.

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How Social Media Can Be Used Against You

Houston Personal Injury Lawyers » How Social Media Can Be Used Against You

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What You Post to Facebook Can be Used to Lessen the Value of Your Auto Accident Claim

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In this article, we at Grossman Law Offices will discuss how defense attorneys use various forms of social media to mine for evidence that could be used against you in an automobile accident case.

The job of an attorney extends beyond helping his or her client understand basic black letter law; it also involves protecting clients from weak defense arguments, as well as tangential issues that could overrun a personal injury lawsuit. Essentially, your lawyer is supposed to help you win your case – a duty that requires much more than recitation of the law.

In 2012 lawyers have more they must protect their clients from than ever before, and some of the most significant hazards are forms of social media. What a client says online, or does in public, can be used by the defense to devastate a lawsuit, and permanent records of any detrimental information could prove to be the end of your case. Sometimes, all defense attorneys can do is hope that you screw up, giving them a chance to claim that your injuries either came from another source, or simply weren’t as bad as you described them to be.

We would like to explain to you just how negative social media can be for your personal injury lawsuit. Part of your pursuit of justice requires not giving the defense an out, so by knowing what not to do while online, you will give yourself a major opportunity to win a contested claim and reap the compensation you so rightfully deserve.

An Overview of Social Media

Put broadly, social media includes any and all technological platforms by which people communicate and interact with one-another, usually via online and mobile sources. Despite the fact that advanced technology has been used for communication and interaction since the birth of Morse Code, it was not until the late 1990s that its use became widespread. Nowadays, 21st century interaction involves millions of people connecting all over the world, providing for an intricate web of social relations without people ever setting foot in the same room.

Social media takes on more forms than just the typed word. Nearly anyone reading this article should know about the popular “profile” website Facebook, which is dedicated mostly to text comments; however, other websites are dedicated to other forms of media, like YouTube’s emphasis on video, or Instagram’s focus on pictures. Essentially, if it can be recorded or preserved, then there is a form of social media for it.

This permanence can be positive for your daily life in most instances, but it can also be very dangerous in a personal injury case. As you may also know, Google is the world’s most popular search engine, and since its debut in the late 1990s, the business has expanded in new, almost unforeseeable ways. One of these unanticipated developments is Google Cache, which essentially records multiple versions of the same pages. This means that if you post something publicly, and then edit it later, both the original comment/picture and its revision will be available for anyone to see. As we will explain in the next section, this can be lethal to your case.

How the Defense Uses Social Media Against You

Because social media is both common and permanent, what you project on Facebook, Twitter, and any other frequented website can be damning to your personal injury claim’s success. One way the defense can use this against you is to take statements out of context. In general, it is a very poor idea to discuss your imminent or ongoing legal matters on a place of public record, such as Facebook or Twitter. This is because you could say or type one thing, mean something entirely different, and yet still be considered an untrustworthy source of information. For instance, if you were to get rear-ended by an 18-wheeler, and then later go onto Facebook and make a sarcastic wall post, saying that you are “feelin’ fine,” then it is not unlikely that the defense would exploit this. Although this most likely does not apply to your case, some people have even outright contradicted the defendant’s potential liability via social networking websites.

Furthermore, pictures and video can be just as harmful to your personal injury lawsuit as unwise comments. In one case managed by another local law firm, a client was struck by an 18-wheeler and the trucking company’s liability was nearly indisputable. However, the client had a photograph of himself on Facebook scuba diving which happened to be his weeks-long profile picture. Although this photo was eventually taken down, it remained in Google cache, and this picture was used by the defense. Their implication was that this scuba diving occurred after the accident and that he had not really sustained any injuries as a result of the wreck. In actuality, the scuba diving occurred prior to the incident; yet because of this image the trucking company and insurance provider had an “out” to payment, and have kept the case in litigation for several months.

Grossman Law Offices Can Represent You

Yesteryear, personal injury plaintiffs’ worst fears were of claims adjusters and investigators stalking them, attempting to take pictures and make recordings that would be used to tear down their cases. Nowadays, with the power of the internet right at your fingertips, personal injury plaintiffs do the job for investigators, making incredulous remarks and posting media that could almost certainly wreck their cases. At Grossman Law Offices, we are ready to advise you in all matters regarding social media, as well as becoming your sole mouthpiece in all case-related issues.

With the rise of new media, claimants of damages have more pitfalls than ever before, but with us by your side, you can hopefully avoid these obstacles. If you or a loved one were the victim of a recent personal injury accident, and you would like to learn more about the options ahead of you, call us at 1-855-392-0000. Calling us is free of charge and our line is open 24 hours a day, so feel confident in making the call.

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