Attorney Brenner Webb of Winer and Bennett, LLP was featured in the latest edition of the Nashua Chamber of Commerce’s Spotlight newsletter recognizing his membership in the Chamber’s Ambassador Committee.
To see the article, please visit our Facebook page at: https://www.facebook.com/winerbennett?fref=nf
When you bring suit to recover for injuries caused by someone else, you sue the responsible party. You may not name the responsible party’s insurance company in the suit. In fact, if reference is made in the presence of the jury to the fact that there was insurance, a mistrial would be declared.
The judicial system routinely praises the wisdom and sanctity of the jury. Yet somewhere along the way, it has convinced itself that a jury will award money irresponsibly if it finds out that there is insurance coverage. What the system does in response is bend over backwards to give the jury the false impression that a verdict for an injured party must be paid out of the pocket of the responsible party. That is virtually always untrue in personal injury cases.
To promote that falsehood is to mislead the jury. Luckily, I don’t believe that our jurors are fooled. They aren’t naïve. They assume that there’s insurance. And the record is clear that that doesn’t cause our juries to act irresponsibly.
Please be forewarned that your opponent in a lawsuit will very interested in your social media postings. You have to assume that the other side will be combing through whatever there is out there in your name to pick up what they can to undermine your case. This includes postings on: Facebook, MySpace, Instagram, LinkedIn, Twitter, Google+, Tumblr, Flickr, Pinterest, VK, YouTube, SnapChat, Foursquare, Yelp, WeChat, WhatsApp.
We all sometimes get carried away at our keyboards. However, you cannot afford to if someone out there is filtering your postings to gather information to use against you in a pending legal dispute. Assume that if you post, they will see it.