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you suffered injury because of someone else’scarelessness and now you post pictures on social media, on facebook and instagram andsnapchat, and you think the defense is never going to find that information. i’ve gota wakeup call for you. come join me for a moment as i share with you some remarkableinformation. hi, i’m gerry oginski. i’m a new york medical malpractice and personalinjury trial lawyer practicing law here in the state of new york. so now you’ve sufferedinjury because of someone else’s carelessness, you’ve suffered significant problems now,and you decide to bring a lawsuit. and during the course of a lawsuit, you are told “donot put anything on social media! don’t post pictures of yourself, don’t explainwhat’s going on with you medically” and

you go ahead and you ignore that warning.you think there is no possible way that somebody is going to hack into your snapchat account,there’s no possible way somebody is going to find your instagram pictures. well guesswhat? you are 100% wrong. let me tell you why. one of the first things the defense willdo is they will scour social media to see if you have any public accounts. if you do,they’re going to go through them and search them. the defense will ask whether or notyou have any social media accounts. and then they’re going to ask for access to yoursocial media accounts. you’re going to turn around and say “wait a second, you meani actually have to give them access, give them my password?” well, that’s in dispute.some courts say yes, some courts say no. but

the point is they will find this. the defenseactually hires investigators to go online and to scour and find things about you, tofind pictures that you’ve posted, to find comments that you’ve posted. why? becausethey want to find things about your injuries, they want to see what you’ve done physically,they want to see if you’ve mentioned anything about the accident or how you suffered thisinjury because they all want to use this information against you. and they’re not going to tellyou about it until you get to your deposition, which is pre-trial testimony and it’s thesame thing as if you were testifying at trial. and guess what? they’re going to springit on you. they’re going to set you up. they’re going to ask you questions aboutwhether or not you’re able to do certain

activities. “hey, have you been able togo mountain hiking?” “no, i haven’t.” “have you been able to play basketball?”“no, i haven’t.” “have you been able to change your tire on your car?” “no,i haven’t.” “really? mrs. jones, you have a picture here of yourself changing atire. how do you explain that? you have a picture here on facebook showing that you’remountain climbing. you have a picture here doing this, this, and this.” and they willuse that to contradict your testimony and they’re not going to tell you about it untilafter they’ve locked you into your testimony, set you up for it and then hand it over toyou and say “hey, how do you explain this now?” and then you’re stuck. so, thatis why at the very beginning of your case,

your attorney in new york is going to turnaround to you and say “under no circumstance can you post anything on social media aboutyour case, about how you’re feeling, about your injuries.” why? because of this exactreason. so, why do i share this great information with you? i share it with you because thisgoes on in every single accident case, in every single medical malpractice case herein the state of new york. you know, in all likelihood, you’re watching this becauseyou have questions or concerns about your own particular matter. well, if your matterdid happen here in the state of new york and you’ve got legal questions, what i encourageyou to do is pick up the phone and call me. i can answer your legal questions. you know,this is something i do every single day and

i'd love to chat with you. you can reach meat 516-487-8207 or by email at gerry@oginski-law.com. that's it for today's quick video. i'm gerryoginski, have a wonderful day.