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The Impact of Social Media on Your Personal Injury Case

The Impact of Social Media on Your Personal Injury Case

Written by George McCoy on . Posted in Personal Injury. No Comments on The Impact of Social Media on Your Personal Injury Case

Social media has become an integral part of daily life. Platforms like Facebook, Instagram, Twitter, and LinkedIn enable individuals to share personal experiences, photos, and thoughts with a wide audience. For those involved in a personal injury case, especially under Oregon personal injury law, the implications of social media activity can be far-reaching and potentially detrimental.

This article will take a look at the ways social media can often influence personal injury claims and court cases. We will highlight potential pitfalls and offer practical advice on managing your online presence to protect your legal interests during an ongoing case, all from the knowledgeable lawyers at Warren Allen in Portland, OR.

Understanding Oregon Personal Injury Law

Oregon personal injury law is designed to compensate those injured due to another party’s negligence or intentional actions. Personal injury compensation can cover medical expenses, pain and suffering, lost wages, and other damages. To pursue a personal injury claim in Oregon, the plaintiff must prove that the defendant owed a duty of care, disregarded that duty, and caused the plaintiff’s injuries as a result.

One of the critical elements in any personal injury case is the credibility of the claimant and the evidence presented. Here is where social media can come into play, and often in a significant way. Posts, photos, and even comments on social media can be scrutinized and potentially used as evidence to challenge the claimant’s assertions about their injuries and the impact on their life.

How Social Media Can Affect a Personal Injury Case

Posts, comments, and photos on social media can play a crucial part in personal injury cases. Photos and posts can be shared as evidence, so you should keep an eye on what you post.

An insurance company’s primary role in any claim is to minimize the payout as much as possible. As part of their investigation, they often turn to social media to gather evidence that might contradict the plaintiff’s injury claims. For instance, if a plaintiff is seeking compensation for a severe back injury but posts photos of themselves engaging in physical activities like hiking or dancing after the accident, this can seriously undermine their case. Insurance adjusters and defense attorneys can use such posts to argue that the claimant’s injuries are not as severe as reported.

It is not uncommon for insurance companies to monitor claimants’ social media activity throughout the case. This surveillance can extend beyond the claimant’s own posts to include posts and tags from friends and family. A seemingly innocuous photo tagged by a friend at a social event can be interpreted as proof that the claimant is not suffering as much as they claim. 

Social media activity can also reveal inconsistencies in the claimant’s story. If a person claims they cannot work or participate in certain activities due to their injuries and their social media depicts a different narrative, this can be detrimental. Credibility is paramount in personal injury cases, and the lawyers at Warren Allen know how a hit to credibility can weaken the claimant’s position and affect the compensation they are entitled to receive.

Potential Pitfalls of Social Media in a Personal Injury Claim

An important note when it comes to social media is anything posted or tagged can potentially be used as evidence against the claimant. This includes not only public posts but also those shared just with friends and followers, as privacy settings are not always foolproof. Photos showing physical activity, travel, or social engagements can be particularly damaging.

Even posts that are unrelated to physical activity can be misconstrued. For instance, a post expressing happiness or excitement might be used to suggest that the claimant is not suffering emotionally or psychologically, which can be particularly problematic in cases where the claimant is seeking damages for emotional distress.

Posts from friends and family can also pose risks. A well-meaning friend tagging you in a photo at a party can provide evidence that contradicts your claims of severe pain and limited mobility. It is essential to communicate with friends and family about the importance of not posting or tagging photos of you during your court case.

Practical Advice for Managing Your Online Presence

Given the potentially negative impact of social media on a personal injury case, it is crucial to manage your online presence carefully. Here are some practical tips:

  • Adjust privacy settings: While privacy settings are not infallible, they can provide a layer of protection. Ensure your social media accounts are set to the highest privacy levels possible. Set limits on who can see your posts and who can tag you in photos. Just remember: nothing is ever fully private online.
  • Think twice before you post: Be mindful of what you post. Avoid sharing details about your injury, the accident, or your case. Do not post photos or updates that could be interpreted as inconsistent with your injury claims. If in doubt, it is better not to post at all.
  • Communicate with friends and family: Inform friends and family about your situation and ask them to avoid posting or tagging you in photos and updates altogether. Explain that even well-intentioned posts can be used against you.
  • Monitor your online presence: Regularly check your social media accounts to ensure that no posts or photos have been tagged that could be detrimental to your case. If you find any, immediately contact the person who posted them and request they remove or untag you.
  • Consult your attorney: Your attorney at Warren Allen will provide advice specific to your case on how to handle your social media activity. Follow their guidance closely. In some cases, they may tell you to temporarily deactivate your social media accounts for the duration of your case.

When it comes to Oregon personal injury law, social media can significantly influence your personal injury claim. Posts, tags, photos, and comments can be used as evidence to challenge the severity of injuries and the claimant’s credibility. With social media use during a personal injury case, it is always better to err on the side of caution. Just be careful with your posts (if you post at all), check your privacy settings, and make sure your friends and family know not to post or tag you during this time. When you understand the possible issues and take proactive steps to manage your online presence, you can protect your legal interests and improve the chances of a favorable outcome in your case. Your attorney with Warren Allen can advise you through the process, so give us a call and set up a consultation today!

Explore Your Rights After a Slip-and-Fall Accident

Explore Your Rights After a Slip-and-Fall Accident

Written by George McCoy on . Posted in Personal Injury. No Comments on Explore Your Rights After a Slip-and-Fall Accident

Suppose you believe you have sustained a personal injury resulting from the possible negligence of a business or property owner in Portland. In that case, you should contact a Portland slip-and-fall accident lawyer as soon as possible. At Warren Allan LLC, our Portland slip-and-fall accident lawyers (also known as personal injury attorneys) will help you build a case to prove that the business or property owner involved failed to exercise reasonable care toward you and that negligence resulted in your injuries.

After experiencing a slip-and-fall accident, you have several rights to ensure your well-being, recovery, and protection under the law.

  • You have the right to seek immediate medical attention for injuries sustained in the slip-and-fall accident. Your health and safety are paramount, so medical care must be prioritized, even if injuries initially seem minor.
  • You have the right to document the incident. It’s crucial to record the details of the slip-and-fall accident as accurately as possible. This documentation may include photographing the scene, noting the conditions that led to the fall, and obtaining contact information from any witnesses present. If you choose to seek medical attention, medical documentation could also help your claim.
  •  You have the right to report the accident. Depending on where the accident occurred, you can report it to the property owner, property manager, or relevant authorities. Reporting the accident helps create an official record of the incident, ensuring that appropriate actions are taken to prevent similar accidents in the future.
  • If you believe that negligence on the part of the property owner, manager, or another party contributed to the slip-and-fall accident, you have the right to seek legal counsel. An experienced Portland slip-and-fall accident lawyer can help you understand your legal rights, navigate the courts or claims process, and pursue compensation for your injuries and damages.
  • If negligence is established, you have the right to seek compensation for various damages resulting from the slip-and-fall accident. These damages may include lost wages, medical expenses, pain and suffering, and other related costs incurred as a direct result of the accident.
  • You have the right to fair treatment throughout the claims process. All parties involved, including insurance companies, legal representatives, and other relevant entities, should treat you fairly and respectfully. Your rights should be upheld as you seek resolution for the consequences of the slip-and-fall accident.

What Does Negligence Look Like in a Slip-and-Fall Claim?

According to Cornell Law School, the legal definition of negligence is “the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Either a person’s actions or omissions of actions can be found negligent. The omission of actions is considered negligent only when the person had a duty to act”.

In short, negligence in a slip-and-fall accident claim includes failure to keep premises safe, address known hazards, warn visitors, follow regulations, and maintain the property. When these failures lead to harm, the responsible party may be liable for negligence. Here are a few examples of negligence as it relates to slip-and-fall accidents:

Unsafe Premises

Property owners are responsible for ensuring their property is safe for visitors. Negligence can occur when they don’t address hazards like wet floors, uneven surfaces, loose rugs, or poorly maintained walkways.

Ignoring Hazards

If a property owner is aware of hazards but does nothing to address, fix, or warn visitors about them, they could be considered negligent. For example, if a spill in a grocery store is not properly cleaned up or marked with warning signs, it raises the risk of a slip-and-fall accident and can be considered negligent.

Lack of Appropriate Signage

The property owner must warn visitors even if a hazard cannot be fixed immediately. Negligence can occur if signs or barriers are not in place to alert people to dangers like wet floors or construction zones.

Violating Regulations

Building codes and rules exist to keep premises safe. Negligence might happen if a property owner doesn’t follow these standards, leading to unsafe conditions that cause a slip-and-fall accident.

Poor Maintenance

Regular checks and maintenance are vital for preventing, spotting, and fixing hazards. Negligence could be shown if a property owner doesn’t inspect and maintain their property correctly, allowing dangerous conditions to linger unnoticed.

Contributing Behavior

It’s worth noting that negligence can also involve the injured person’s actions. For instance, if someone ignores warning signs or behaves recklessly, their own negligence might reduce or remove the property owner’s liability.

What Are The Most Common Slip-and-Fall Injuries?

While every slip-and-fall accident is different and can vary in severity based on several factors, the most common slip-and-fall injuries are as follows:

Sprains and Strains

These injuries occur when ligaments or tendons are stretched or torn, often affecting joints such as the ankles, wrists, and knees.

Fractures/Broken Bones

Falls can fracture or break bones throughout the body, including the wrists, arms, hips, and ankles.

Head Injuries

Trauma to the head during a fall can lead to various injuries, ranging from minor bumps and bruises to more severe concussions or traumatic brain injuries (TBIs). Monitoring for symptoms such as headaches, dizziness, and changes in cognitive function is essential for proper management and treatment of head injuries.

Back and Spinal Cord Injuries

Falls can cause damage to the back or spinal cord, resulting in conditions like herniated discs, fractures, or spinal cord compression. 

Soft Tissue Injuries

Falls can cause damage to soft tissues like skin, muscles, tendons, and ligaments, resulting in bruises, contusions, or abrasions.

Cuts and Lacerations

Sharp objects or uneven surfaces can cause cuts or lacerations, which may require cleaning, suturing, or other forms of wound management.

Emotional Trauma

In addition to physical injuries, slip-and-fall accidents can also result in emotional trauma. Emotional trauma can manifest itself in many ways, including anxiety, depression, or post-traumatic stress disorder (PTSD). Seeking support from mental health professionals could be very beneficial for individuals experiencing emotional distress after a fall. Overall, it’s essential to understand and assert your rights after a slip-and-fall accident. Contact Warren Allan LLC to schedule a free consult with one of our Portland slip-and-fall accident lawyers to ensure you receive the necessary support, care, and compensation to aid your recovery and well-being.

Common Types of Personal Injury Cases and How to Handle Them

Common Types of Personal Injury Cases and How to Handle Them

Written by George McCoy on . Posted in Personal Injury. No Comments on Common Types of Personal Injury Cases and How to Handle Them

You might have seen commercials for personal injury lawyers talking about fighting for your rights if you’re the victim in an accident with a semi-truck or if you have gotten sick as a result of using specific products. Although vehicular accidents and product liability are common types of personal injury cases, there is a range of issues that can fall under the umbrella of “personal injury.” 

What constitutes personal injury according to the law? Any time you sustain an injury as a direct result of the actions or negligence of another person or entity (such as your place of employment, a government agency, a business, etc.), you might have a personal injury case. As in other states, Oregon personal injury law has a statute of limitations deadline for filing this type of case. In Oregon, you must file your claim within two years of sustaining the injury. 

How can a personal injury lawyer help? Usually, personal injury lawyers work to get financial compensation from the responsible party to help you with medical bills, lost wages, repairs, pain and suffering, and loss of quality of life. 

Below are descriptions of the most common types of personal injury cases and how personal injury lawyers, like the Warren Allen LLP team, handle them. 

Types Of Personal Injury Cases

It’s important to remember that the term “personal injury” does not exclusively mean “bodily injury.” In some cases, you can suffer mental or emotional damage as the result of someone else’s actions or inaction, and the law recognizes these issues as personal injury.

Vehicular Accidents

Accidents involving vehicles are prevalent. According to the Centers for Disease Control and Prevention, road traffic crashes are the leading cause of death in the United States for people between the ages of 1 and 54. Vehicular accidents can occur with any type of vehicle, including bicycles, boats, airplanes, and mass transportation like buses or trains. If you are a pedestrian or cyclist struck by a vehicle, you may also have a valid personal injury claim.

Oregon adheres to a traditional “fault-based” system, meaning the person at fault is held responsible for any resulting damages or harm. Personal injury lawyers often help clients navigate the insurance claims process, analyze insurance policies and negotiate with the insurance company, gather evidence like police reports or eyewitness accounts, and represent you in court if needed.

Slip And Fall Accidents

As the name suggests, slip-and-fall accidents are when an individual slips or trips, falls and sustains an injury on another person’s property. A more formal name for this type of personal injury case is a premises liability claim. If you slipped and fell due to negligence, the property owner or the person responsible for the property at the time of the incident might be required to compensate you financially for your injuries. 

Some common causes of slip and fall accidents are snow and ice accumulation on a sidewalk, missing handrails, poor lighting, liquid spills, uneven surfaces or poorly maintained stairs, flooring, etc. If the property did not take proper precautions, like posting warning signs or ensuring appropriate maintenance, they could be held liable. 

Premises liability cases are not restricted to businesses. Individual homeowners can also be liable if you can prove you were injured on their property due to negligence. 

Hiring a personal injury lawyer for a slip and fall case is a good idea because they understand what is necessary to establish negligence in the eyes of the law. They can arrange for an assessment of the premises, gather appropriate evidence to prove negligence, negotiate with property owners or insurance companies as needed, and represent your case in court if you cannot reach a fair settlement.

Product Liability

When you purchase and use a product, you put a certain amount of faith in whoever designed, manufactured, and sold you that product. They have a legal and moral obligation to ensure that the products they provide are safe for consumers. If you use the product as intended, but it damages you or your property because of a product defect, you might have an avenue open to pursue a product liability claim and recoup money for the resulting damages.

Working with a personal injury lawyer who understands Oregon’s product liability laws is usually best. The total damages for which you may be eligible might be reduced because of the “comparative” fault of you as the user. 

Try to keep as much of the defective product together as possible so that your attorney can work with experts to investigate and gather evidence. Experienced attorneys can also negotiate with manufacturers and insurance companies on your behalf. If proper compensation is not provided, your personal injury lawyer can help you file a lawsuit and represent your interests in court.

Animal Bites

Unfortunately, over 4.5 million people are bitten by dogs in the United States annually. Dog or other domesticated animal bites can cause physical injury that requires medical care but can also result in psychological damage. 

As with other types of personal injury cases, your lawyer will help assess the liability of the animal’s owner and negotiate with them, their insurance company, or their attorney, if necessary. Depending on the case, your attorney might seek compensation for medical expenses, therapy, counseling, lost wages, or other damages related to pain, suffering, or loss of quality of life, especially if injuries were severe or had long-term consequences.

Medical Malpractice

Healthcare providers always strive to diagnose and treat our illnesses and injuries correctly. However, they are human, and there might be times that you experience substandard medical care. A missed diagnosis, a wrong diagnosis, or an error during surgery can result in significant physical and emotional injury. 

Working with a personal injury lawyer is especially important in medical malpractice cases because expert medical evidence and testimony will most likely be required for a successful case. Your attorney will work with experts to review medical records and assess the standard of care. Your attorney can also negotiate with insurance companies and work with you to file a lawsuit. 

Workplace Accidents

While a workers’ compensation insurance claim might be the first and most appropriate route for accidents at work, in some cases, you may also be eligible to make a personal injury claim. If a third party (like the manufacturer of a defective product) was involved in the incident, you could file a personal injury claim against them. Consulting with legal experts is the best way to ensure you receive everything you are due from everyone who might be at fault. 

No matter what type of personal injury case you might have, working with experienced attorneys who understand Oregon personal injury law is essential to getting the help you need. Don’t let the medical bills pile up while you try to deal with insurance companies alone. 

Call our personal injury team at Warren Allen, LLP. They will offer sound legal advice and representation as they work to get you the appropriate compensation and the best resolution to your situation.

Choosing the Right Personal Injury Lawyer for Your Case

Choosing the Right Personal Injury Lawyer for Your Case

Written by George McCoy on . Posted in Car Accident, Personal Injury. No Comments on Choosing the Right Personal Injury Lawyer for Your Case

It can be a frightening place to be when you or a loved one are hurt, and then you have to navigate a legal case on top of the healing process. How do you know when to get a personal injury lawyer involved and how to pick the right one when you do? For many, legal issues can be daunting.

Here at Warren Allen LLP, Attorney at Law, we know Oregon personal injury law better than anyone, and we want to help you feel confident when hiring your personal injury lawyer. We have compiled some excellent tips on choosing the right personal injury lawyer for your case.

When Do You Need a Personal Injury Lawyer?

If you have been injured because of someone else’s negligence or wrongful actions, you might struggle with financial difficulties caused by missed work and medical expenses. Recovering compensation for these damages can be challenging, but a personal injury attorney can provide valuable assistance.

Personal injury attorneys handle a range of cases, including car accidents, slips and falls, medical malpractice, workplace injuries, product defects, dog bites, wrongful deaths, and nursing home abuse. They possess the necessary expertise to navigate legal procedures, gather evidence, negotiate with insurance companies, and represent clients in court to secure the compensation they deserve for their injuries and losses.

What To Look For

Look for References

When you hire a professional to do a job for you, you should look at their references and track record. Finding the right lawyer is not an exception. Many people have worked with a personal injury lawyer, so ask family, friends, and coworkers.

Both good and bad experiences can be helpful, but any good experiences will help you build a list of which lawyers to research further. You can also check sites like Martindale for peer reviews of law firms and individual lawyers.

When looking for a lawyer to handle your personal injury case, it is also good to consider their place of business. It’s a good practice to select a lawyer who operates from a professional office, as personal injury cases can be complex and require meeting numerous deadlines. A professional office indicates that the lawyer has efficient processes in place to handle their workload.

A messy office won’t necessarily mean they are a bad lawyer; many attorneys have piles of files in their offices. However, your lawyer should be punctual for meetings and quickly respond to your inquiries.

Experience

You want to make sure that you are working with someone with experience in personal injury law and who has successfully gone to trial. Having an experienced expert in Oregon personal injury law can relieve you of the stress of handling your own case and ensure you get all you are owed.

The liable party will often try and settle outside of court for much less. Ultimately, it is up to you to decide if the settlement is what you deserve. With an experienced lawyer on your side, they can help you navigate this tricky world and help you take your case to trial.

Finding someone with a track record of successful negotiations and litigation is also important. While most cases are settled out of court, having an attorney with experience taking cases to a jury verdict is important. In order to assess their success rate, you can ask the attorney directly. If they do not provide this information when requested, it may be a sign that their success rate is not high.

Working on Contingency

It can be a lot to handle when healing and working to get your case to trial. If you have been injured and need legal assistance but are not working or earning income, the cost of a lawyer can be concerning. Typically, lawyers charge hundreds of dollars per hour for their services, which may be beyond your budget.

However, there is good news: many personal injury lawyers work on a contingency basis, meaning they will take payment once you receive the payout from your case. The contingency fee is usually 40% or less of the final settlement amount. You want to seek out a lawyer who charges within this range. The best lawyers will include legal fees in the final settlement to ensure you receive the maximum compensation possible.

When starting your search for a lawyer, ask for a consultation with those who have passed your initial research. Most personal injury lawyers should offer free consultations. During an initial consultation, a possible client will meet with a lawyer to assess the strengths of their personal injury case and see if the lawyer and client can work together.

Communication

Especially when it comes to a personal injury case, communicating effectively with your lawyer is important for the best outcome. You must ensure they listen to your concerns and explain concepts clearly to give you confidence that your input will be considered before any significant decisions are made. Your satisfaction with their approach will depend on their willingness to understand your perspective, and their ability to explain the progress of your case will help you make informed decisions. Effective communication can also reduce the stress of the process. Having a good rapport with your personal injury attorney means they should respond to your inquiries, clarify things in a way that’s easy for you to understand, and have your best interests at heart.

If you need legal representation for personal injury, it’s important to consider several factors when choosing the right lawyer. Knowing what to look for can simplify the process.

At Warren Allen LLC, we have specialists in Oregon personal injury law and are dedicated to assisting you every step of the way. If you or a loved one requires legal representation, do not hesitate to contact us. We will work tirelessly to ensure that your rights are protected, and that you receive the compassionate care you deserve.