Suffering an injury due to the negligence of another is a very serious event, and in some cases, may warrant a personal injury case in order to recoup one’s full damages award. However, in order for a personal injury case in Boston to be successful, a plaintiff must prove liability and injuries, as well as the extent of damages they have suffered. In order to do so, the plaintiff must present a myriad of evidence. However, the defense can also present evidence contradicting the plaintiff’s claims, including digital evidence.
What Types of Digital Evidence Can Be Used in a Boston Personal Injury Case?
Evidence that is stored digitally on devices can provide a lot of insight into the cause of an accident, a plaintiff or defendant’s degree of fault, and the extent of injuries and damages the plaintiff has incurred. As such, the submission of digital evidence in a personal injury case has become common practice in today’s world, and can be gathered and used against you. Types of evidence that can be used include:
- Cellphone call logs;
- Text messaging records;
- Photo evidence on a mobile device;
- Social media conversations and activity; and
- GPS data tracking.
It is important to note some digital evidence, such as personal text messages stored on an individual’s phone, may require legal permission to obtain. Other evidence, such as information that is published publicly on a site like Facebook, does not require the permission of the court to obtain and use.
How Can Digital Evidence Be Used to Undermine a Plaintiff’s Claims?
Digital evidence can seriously undermine a plaintiff’s claims that they were not at fault for the accident, and/or that they have suffered a specific amount of damages, including pain and suffering. For example:
- Cellphone logs could indicate that the plaintiff was on the phone at the time of car accident, thereby providing evidence of distraction;
- GPS data could show that a few weeks after the accident, when the plaintiff was supposedly incapacitated by pain and injury, the plaintiff visited their favorite golf course; and
- Status updates on social media that indicate the plaintiff’s wellbeing (i.e. “Recovery going well! Feeling good!”) can raise questions about the severity and truthfulness of the plaintiff’s claim that they are experiencing pain and suffering.
Of course, the above list is not inclusive; there are a number of different ways that digital evidence can harm a plaintiff’s claim, and that evidence can be misinterpreted to reduce the value of a claim.
The Importance of Working with a Boston Personal Injury Lawyer
If you have been involved in an accident and need to recover compensation for your losses, it is critical that you work with an experienced Boston personal injury lawyer. Your attorney can advise you how digital evidence proving fault can harm your claim, and counsel you regarding social media usage during the claims process. To schedule a free consultation with the Boston injury attorneys at the office of Tetzel Law, LLC, fill out the contact form on our website today, or call (617) 933-3858 now.