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You claim in your accident or medical malpractice case that you cannot run anymore because of
what happened to you. But then you absentmindedly tweet to one of your friends that you just
finished a great game of basketball. How is that going to affect your particular case?
Would you like to learn the answer? Come join me as I share with you this great information.
Hi. I'm Gerry Oginski. I'm a New York medical malpractice and personal injury trial lawyer
practicing law here in the state of New York. With the advent of social media, people inadvertently
put all sorts of personal things online -- whether it's on Facebook or Twitter or LinkedIn. Well
guess what? As a result of that, the defense has actually hired all these social media
investigators to track down information about these litigants. And I guarantee you that
they will scour your Facebook page, your Twitter page and everything you've done online. And
if they find information that contradicts what you're claiming in your particular case,
I guarantee you at trial the defense is going to use it against you and they're going to
box you in. And here's how they do it. They're going to ask you Mr. Jones, have you been
able to walk since the time of your accident. "No, not at all. I'm bound; you know I have
to use a cane. I have to use this. I can't do the type of activities I used to do." How
far would you be able to walk and how far can you walk today? Why are you unable to
walk? Have you tried walking? Now what they're trying to do is box you in and lock you into
specific answers. Now once you tell them that you can't do all these activities, they're
going to pull out information from your own social media and they're going to ask you
questions about it. Mr. Jones, didn't you post on Facebook that you played a game of
basketball only 2 weeks ago? "Oh no, no. Somebody else must of done it." Really? Here's a printout
of your particular Facebook page. Isn't this you? Didn't you post on Twitter that you just
finished a great game of basketball? "Oh no, no. That must have been somebody else." And
now you're stuck trying to explain away those different postings that you put on your own
social media. The bottom line is if you are posting things that contradict what you have
testified to in your particular case, I guarantee you the defense is going to find that information
and use it against you at trial. And you should know that your credibility is the most important
thing at trial. And if the defense is successful at destroying your credibility by showing
that you have lied about one particular thing -- even if it's a small thing -- at the end
of the case they're going to turn to the jury and say, "Listen. How can you believe him?
He's lied about one small thing and if he's lied about one small thing, how can you believe
all the other things he's told you about?" So why do I share this great information with
you? I share it with you because social media has played a huge part nowadays in today's
cases. And if you're not careful about what goes on, you're going to have a real risk
and a real problem later on. You know, I realize you're watching this video because you probably
have questions or concerns about your own particular case. Well if your matter happened
here in the state of New York and you do have legal questions, what I encourage you to do
is pick up the phone and call me. I can answer your legal questions. I do this every single
day and I'd love to talk with you. You can reach me at 516-487-8207 or by email at Gerry@Oginski-law.com.
I'm going to head inside now and put some Facebook about shooting a great new video.
Alright everybody, have a wonderful day!