Category: Uncategorized

Can Social Media Content Be Used Against You In New Jersey?

With the popularity of social media sites skyrocketing in recent years, the courts in New Jersey as well as elsewhere have just begun to address how and when social media content can be used for or against parties in civil court cases. According to a recent New Jersey Law Journal article, the courts are now beginning to weigh in on the discoverability and admissibility of social media posts from sites such as Facebook and Twitter.

While the issue of access is still a bit unclear in the Garden State, neighboring states such as New York and Pennsylvania are beginning to set precedents that the New Jersey courts may end up following.

As an example, suppose a plaintiff has filed a lawsuit for a personal injury and is seeking compensation for damages. However, during the time the plaintiff claimed to be injured, he/she posts pictures from a recent gym class depicting strenuous activity and exercise. Despite these posts being “private” within Facebook, the courts are now beginning to determine the relevancy of such items and how they can be used as evidence.

Prior to the social media age, private investigators hired by insurance companies would typically be asked to acquire this type of evidence for the courts. However, with many individuals now sharing every intricate detail of their lives on Facebook and Twitter, the lines between invasion of privacy and relevancy are now being drawn in cyberspace.

As more courts begin to rule on this issue, it will be no surprise when it is determined that posts on social media, even if they are not intended for the general public, are admissible in NJ civil cases. In fact, Facebook’s own privacy policy states that the disclosure of a user’s information may be made “pursuant to subpoenas, court orders, or other civil or criminal requests.”

As a personal injury law firm that represents clients in all types of accident and injury cases, we always advise our clients to be truthful in everything they say or do following an accident and to stay off social media sites.

In light of recent rulings and the way things appear to be headed, it should always be assumed that whatever you share on social media could very well be used against you in your case. Always use good judgment and refrain from posting updates, videos or photos that you will have to explain down the road. The last thing you want is a seemingly innocent Facebook update being used to deny you your rights as an accident/injury victim.

For more information or if you have any questions on this matter, feel free to contact our law firm at 973-325-7711.

Greenberg Minasian Attorneys Nominated for Top 100 Trial Lawyers

West Orange Accident Attorney

Greenberg Minasian, LLC is proud to announce the nomination of William S. Greenberg Esq. and Lawrence D. Minasian Esq. to the National Trial Lawyers Top 100 Lawyers for Civil Plaintiff Attorneys. This prestigious organization recognizes the top trial lawyers in the United States based on their qualifications and skills. In addition, it offers the highest-quality education programs for trial attorneys, as well as a quality network of talent willing to interact and share ideas.

As an invitation-only organization, Top 100 Trial Lawyers Membership is extended to only the most qualified attorneys from each state. One of the goals of the organization is to support the importance and value of the trial setting. The following video from the National Trial Lawyers President explains this valuable concept:

The networking opportunities, advocacy training, and continuing education that the National Trial Lawyers makes available to its members becomes a great asset for the clients at Greenberg Minasian.

We are excited about the opportunity of this nomination and what it will offer to our firm and clients in our area.