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INsight | PI Claims and Social Media

Dave Farnbauch sits down with ABC's INsight to explain the impact of using social media when you have an active PI (Personal Injury) claim. 

You can read the full transcript below, or access a PDF version of the transcript.

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Charity: Well. Welcome back to INsight. We're here with Dave Farnbauch today. We're going to talk about the impact of social media when you have a PI claim. So you have a PI claim, are insurance companies and other attorneys going to use your social media, or what you've done on social media in your PI claim? 

Dave Farnbauch: Well, Charity, there's no question that it's probably going to be one of the first things that an insurance company does in terms of their investigation of a new claim, because insurance companies and defense lawyers have come to the realization that there's a significant percentage of the population that really do put a big portion of their personal life out there on the internet for public consumption. So it's really a low cost, easily accessible way to get oppo research on a plaintiff that is going to be making a personal injury claim. 

Charity: Sure. It can be a treasure trove, I am sure. 

Dave Farnbauch: Right. I mean, people don't realize that, and we're not talking about just Facebook, we're talking about Twitter. There's all kinds of different forms of social media, just an internet Google search that they can do. YouTube. I can tell you that over the years I've been involved in numerous cases where we've gone in a deposition and midway through the deposition a defense lawyer will trot out printouts of different social media and put that in front of somebody that's making a personal injury claim. And it can become very problematic to try to explain away things that are on social media posts. 

Charity: What are they looking for? So we were talking about earlier, my husband and daughter were in a car accident. I posted a picture. They were in a car accident. Are they looking for that nugget? Are they looking for somebody saying something different than what they're saying now? What are they looking for when they're researching? 

Dave Farnbauch: Well, I mean, I think number one, it gives them a lot of information about who they're dealing with. So there's just a lot of information that will be sort of told, tell the story about what kind of person you are by your social media presence. But I think mostly what they're looking for are instances through your posts that show some inconsistency with what you're trying to portray in a lawsuit. I'm injured, I'm hurt, I'm disabled, I'm not able to work, I'm in pain. And then contrast that with what they find on your social media posts. If you've got party pics, if you're taking pictures, you're on an ATV and you're jumping over logs in your ATV, that is just ironclad proof that you are not as disabled and hurt as you are claiming in your lawsuit. 

Charity: So what about privacy settings? You know you can set, I think, you can set Facebook and Instagram, I don't know about Twitter as far as privacy settings. Does that protect you? 

Dave Farnbauch: Well it really doesn't, unfortunately. First of all, there are companies that are out there that you can hire that have their channels to be able to get social media. Forensic firms that will go back in time and be able to reconstruct what you've put on your social media, whether you've tried to delete it, or you have privacy settings or whatever. So if an insurance company really wants to get their hands on your social media accounts, they have their channels to do that. And the other thing is, too, is they can send subpoenas in the lawsuit. If they can make a case that if they get evidence that you do make posts, and you do communicate with your friends and neighbors, and so forth on social media, you can actually get what we call a request for production from the other side requesting that you produce that in a lawsuit. 

Charity: Well, you just brought up one thing that I'm always curious about. What if you delete it? I've always told my kids don't put things on social media because even if you delete it, it lives on an infamy. Is that true? 

Dave Farnbauch: Well, you can delete it, but that's something that can get you in trouble in a lawsuit because there's a concept in the law of evidence known as spoliation, where if you knowingly or intentionally take evidence in a civil case and you get rid of the evidence. You destroy it, or whatever. And, of course, pictures or posts that you made are potentially relevant to your level of injury, or disability, or whatever. If you take that evidence and destroy it intentionally to try to prevent the other side from getting access to that, then potentially you can get in trouble in your civil case because of spoliation of evidence. 

Charity: Oh, great advice when it comes to social media. If you have a possible PI claim that you'd like Sweeney Law Firm to help you with, they would love to discuss it with you. All you have to do is give them a call today, 420-3137. We'll be right back.

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INsight | Changes to the Court System with COVID-19

Dave Farnbauch sits down with ABC's INsight to talk about the changes to the court system in light of COVID-19. You can read the full transcript below, or access a PDF of the transcript. Charity: Welcome back to INsight. I'm here with Dave Farnbauch from Sweeney Law Firm. We're going to talk today about what's happened in the court system since the COVID-19 pandemic. Is it safe to assume that there haven't been many jury trials since the stay-at-home order happened in late March and since everything that's gone on? David Farnbauch: Right. Just like every other, institution and organization, the court system has been impacted by COVID. And I'd say the biggest change that I've seen is the courts issuing orders this spring to put sort of a moratorium on jury trials. There have been some bench trials. That's where the judge is there. The courts have actually been very creative. I've heard of some trials by zoom. But the big change is putting potential jurors at risk by bringing them into a courthouse and putting them amongst other jurors. And so the courts have really been cautious about resuming jury trials and they put together, I think, a very careful plan so that when they do bring jurors back in it really minimizes the risk of COVID-19. Charity: Why am I not surprised that there've been some by zoom? I feel like we've done everything by zoom lately. Let's talk about that plan. What are they doing as they start to bring jurors back? What's the court going to do to make sure that people who are summoned to be jurors are going to be safe as they come into the courthouse. David Farnbauch: All right. So I'd say some of the basic things that they're doing for a lot of things, which is to obviously check the temperature of everybody comes in, masks are mandatory. And then what they've done is changed, Charity, the configuration of the courtroom. We don't have, we're not going to have the traditional jury box. We're going to use the whole courtroom, like traditionally where the audience would be the gallery in the courtroom, that's where the jurors are going to be. And of course they have rules about social distancing in the courtroom. Some courts have put in some plexiglass to minimize the transmission of COVID in the courtroom. So those are the main things, but it's taken awhile to sort of formulate a plan and implement all these things. Charity: Do you think the COVID-19 pandemic will make a difference in how many prospective jurors will respond to a summons? David Farnbauch: Well, that's the concern, in fact in an organization that I belong to we recently commissioned a company that does research and focus group testing to find out the answer to that question. Which is are people, prospective jurors that get a summons for jury service, are they likely to actually show up for jury service, given the risk. It’s a fluid thing, but everybody would agree there are still risks there if you go to a public building like a courthouse. And what's interesting is the research that's been done shows that only about 20% of the people that they surveyed and these focus group tests are really sort of hardline that they will not respond to a summons for jury service in the midst of a pandemic like this. And about one third are somewhat comfortable if the court implements these measures that I just talked about; mask and social distancing and not being in a jury box. David Farnbauch: And then to our surprise are there were about 40% of the respondents that said as long as we have masks, and as long as the court is saying that we've got appropriate measures in place to protect us, they felt very comfortable with showing up for jury service, which was kind of a big surprise to everybody. So we still have that segment of the population that feels that call of duty. They get a summons for jury service, and they feel like it's their civic duty to go to the courthouse, even in the midst of a pandemic to make sure that the justice system goes forward. Charity: It's our civic duty to serve our jury duty and to vote. That's what, that's what we have to do. If you have questions about something in the legal world I have to do is give Sweeney Law Firm a call 420-3137, check him out online. We'll be right back.

INsight | Legal Liability from COVID-19 Hospitalizations