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 may
be 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.