Many people believe that what’s on their Facebook page is private, and they can be a little careless about things they post to Facebook. A prime example is a group of Pittsburgh, PA burglars who posted pictures of themselves posing with $8000 in cash that they stole from a grocery store.  A family member saw the pictures and turned them into the police.

What about if you’re involved in a lawsuit?  Can something you posted on Facebook be used against you?

Technically, the answer is “it depends.”  State laws vary as to the discovery procedures that lawyers can use in a lawsuit. Furthermore, some people think the Fourth Amendment to the US Constitution provides a “right to privacy,” but it doesn’t really.  The Fourth Amendment provides for protection against unreasonable searches and seizures, which isn’t exactly the same thing.

There is a Supreme Court case, Katz v. United States, from 1967 which says that information may be considered private if there is a “reasonable expectation of privacy.”  Is there a reasonable expectation of privacy for things posted on Facebook?

One could argue if you use restrictive Facebook settings – not allowing anyone other than friends to see your posts – you are indicating that you expect some privacy for your posts.  On the other hand, the Facebook user agreement states that any content that would be governed by Intellectual Property Rights – such as videos and pictures – are the property of Facebook for the time they are posted and some time afterwards.  This could very easily be construed as meaning there is no expectation of privacy at all for your Facebook pictures.

How can this affect a personal injury lawsuit?  Let’s say you are in a lawsuit claiming that you have a serious back injury that prevents you from being able to work.  Post a Facebook status with a picture showing you dancing at nightclub and you’ve just destroyed your personal injury case.

Lawyers cannot tell you to “clean up your Facebook page” during a lawsuit.  One Virginia lawyer, Matthew Murray, was sanctioned to the tune of $542,000 for telling a client to do that.

Lawyers can, however, tell you to be very careful about what you post to Facebook.  The safest assumption is “don’t post it to Facebook if you would not want to see it in the newspaper.”

About the Author

Nussin S. Fogel, Esq., has been practicing for over 25 years as a New York slip and fall lawyer. Mr. Fogel founded Fogel Law, a firm specializing in Motor Vehicle Injuries, Slip and Fall Accidents, and other areas of Personal Injury Law. He has published on various aspects of Personal Injury Law across the web.

Split liability is a term used for when two or more drivers are involved in an accident where there is no single driver who is clearly responsible.

These car accident claims are far more complicated and stressful than normal accident claims, as the liability will be apportioned to the individuals involved appropriately. For example, if two drivers are involved in a collision because of poor observation or careless driving, this would result to a 50/50 split liability claim. This means both parties each have to pay half of the costs of the repairs.

 

How is the liability apportioned?

Split liability claims are usually considered by insurers or a claims management company; they will decide how the claim will be split proportionately. In extreme cases, split liability claims can be taken to court.

In court the individuals’ responsibility will be considered in terms of percentages.  For example, someone who is 70% to blame will be liable for the majority of the accident, where one or more people may be responsible for 30% of the accident. If the judge believes someone was 100% liable, it would mean they are entirely to blame and  no-one else is responsible for causing the collision.

Can I still claim for an injury, even if I was involved in a split liability car accident?

You should always consult a solicitor to discuss split liability claims. These claims are complicated and often need accident claim solicitors to help form strategies and guidance relating to your particular accident. You will be able to make a claim, for the proportion you are entitled to.

The percentage to which a person is liable for causing your accident directly links in with the amount of compensation you would be able to recover from them in a claim.

What information will help me make my claim?

It is important to gather as much information as possible to support your claim.

-Picture or video evidence of the position of vehicles at the scene

-Pictures of the vehicles involved and the damage they have sustained

-Skid marks on the road can help judges identify the cause of the accident

-Capture the other vehicles’ number plates for evidence

 

 

Never admit to causing the accident on the scene, you are not legally obliged to admit liability at the scene of an accident, so don’t feel that you have to. Just make sure you jot down a list of conditions that may have affected the decisions you made when the accident happened.

If you need further advice on split liability claims or any other form of car accident claims, contact personal injury experts Burt Brill and Cardens.

 

 

The Constitution is the supreme law of the United States, and despite an evolving culture and advancing society, the document is still given deference. While there is some dispute as to how the Constitution should be interpreted, both judicial activists as well as strict originalists agree that nothing in the Constitution is to be ignored or overlooked, even if there is disagreement about the Founding Fathers’ intent on the matter. An ever-topical example of this is the Second Amendment. Whether the right to bear arms is limited to a citizen militia or was intended as it is interpreted today, this amendment has been held dear by many and has been construed broadly, leading to state’s having laws such as “concealed carry”. If you decide to get a firearm, make sure you are getting them from a legal source like these Hunting Rifles for Sale.

Concealed Carry Laws Vary by State
According to the NRA, 49 states offer permits allowing for conceal carry, and as of December 2011, there were 8 million permit holders in the United States. Regulations vary in terms of specific requirements, such as so-called “Constitutional Carry” provisions that allow for concealed carry without a permit, to the “May-Issue” laws that require permits, and local authorities have some discretion in whether or not to deny applicants.

Controversy Surrounding the Laws
Despite the apparent Constitutional grant of gun ownership, the practice is the center of constant controversy due to the fact that gun deaths occur daily. From individual gang hits to robberies gone wrong, the reality of gun violence is inescapable. Typically, discussions on controlling gun violence focus on the appropriateness of the nation’s current interpretation of the Second Amendment as well as each state’s conceal carry program. If you’re looking for a gun that is perfect for concealed carry, check out this glock 38 review.

Civilian Injuries in New York Highlight Need for Proper Training
The NYPD received much criticism in August 2012 after nine civilians were hit by officers’ bullets as the force shot a knife-wielding man in Times Square. According to the New York Times, officers followed their training protocol and tried to use non-lethal force before shooting. And while “at least seven” of the NYPD’s bullets hit the man with the knife, civilians were still hit by the spray of bullets opening the city up to serious personal injury claims. Some defenders of the officers have noted that in Times Square, it would be virtually impossible to fire a gun once and not hit someone. Others have suggested that NYPD officers, who are paid and trained to carry weapons, should have been more accurate, recognized the danger behind the target and resisted the phenomenon of tunnel vision.

Should There Be Training Standards for All Concealed Carriers?
The idea of holding officers to a higher standard does make sense, but it also broaches the point that for those with conceal carry permits, there is no standard. When considered in light of the fact that the typical argument in favor of conceal carry is that having a gun on one’s person at all times is vital for self-defense, the lack of a training requirement is particularly troubling. If even trained police officers can’t take down a target without hitting more than half a dozen innocent bystanders, how would the average conceal carry permittee fare? With no proof of skill or experience required, the potential for dangerous situations to turn even more deadly is high.

Ensuring effective training for the average citizen would be difficult, however. As the Times Square incident shows, even experienced shooters may react differently when faced with a large crowd and imminent danger. Clearly, a target at the end of a gun range is not comparable.

Bryan Sartin is a firearm safety instructor. Besides teaching the basics of shooting and carrying, he also teaches about the importance of keeping firearms locked in a proper gun safe

If your baby has been diagnosed Erb’s Palsy, you will undoubtedly be devastated by the news. You will also probably be wondering why it has happened. Was it an unavoidable event that no action could have prevented? Or could your baby’s injury have been avoided with the right medical treatment?

What is Erb’s Palsy?

Erb’s Palsy is a serious birth injury that occurs when the baby’s shoulders gets stuck in the birth canal, compressing the chest and umbilical cord. This will prevent the baby from being able to breath – something which is evidently very dangerous. If the baby is starved of oxygen for too long, it may lead to brain damage or even death. Therefore medical professionals must act quickly to remove the baby from the birth canal, or the consequences could be highly distressing.

If a baby’s shoulders do become stuck, it may be necessary to perform an episiotomy to widen the vagina for delivery, and to use forceps or a ventouse to expedite the birth. Occasionally a significant amount of force will be needed to free the baby from the birth canal. However, all this can damage the baby’s neck and shoulders, harming the brachial plexus nerves that serve the neck and arms. This is known as Erb’s Palsy or brachial plexus injury.

The extent of the injury will vary from case to case according to how much damage the nerves have sustained. In some babies the injury will be immediately evident as their arms and neck will not function properly. In others the problem may only become apparent after several months when abnormal development is noticed.

However, it is important that Erb’s Palsy is diagnosed as quickly as possible. Indeed, it is a condition that can be rectified with physical therapy and, if necessary, surgical treatment. Nevertheless, this should be provided in the early stages of the condition, as this will ensure a baby as the best chance of recovery.

Who is to blame for my baby’s Erb’s Palsy?

But not all babies will regain normal function. Some will suffer symptoms into childhood and may even have problems for the rest of their lives. Some will even require long-term assistance. This of course can be very expensive, and it is possible that you will run into financial difficulties when trying to fund care for your child.

If so, there might be something you can do, as you might be able to claim compensation. It will, however, be necessary to establish that medical professionals were to blame for your child’s injuries. Of course, doctors will not always be responsible, as often they are only trying to avoid the dire consequences that come with a traumatic delivery – namely, the occurrence of brain damage due to oxygen starvation.

But if your baby was known to be extremely large, you should have been offered a caesarean section. If there was a failure to do so and your baby suffered nerve damage, you will be entitled to make a claim. Furthermore, if medical professionals are found to have used inappropriate techniques to free your baby from the birth canal, thereby causing Erb’s Palsy to develop, the standard of care will have fallen to a substandard level. Again, this means you will be entitled to make a claim.

Speak to us today

To find out whether medical professionals are to blame for your baby’s pain and suffering, contact one of our medical negligence solicitors today. We will be able to advise whether or not you and your family have been the victim of gross medical errors.