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LEGAL BRIEF
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FEBRUARY 2026 FriedmanSimon.com
SOCIAL MEDIA AND INJURY CLAIMS
THE RISK BEHIND EVERY POST
In February 2004, Facebook went live on a college campus. At the time, it was a curiosity only accessible to Harvard students. Today, it’s used daily by over 3 billion people worldwide and sits on home screens alongside Instagram, TikTok, and a variety of other apps that help us stay connected. Many users share their lives on these platforms, including birthdays, vacations, events, and everyday moments we used to collect in photo albums. Many positives come with that. Social media helps us stay close with friends and family and reconnect with people we’ve lost touch with. From our perspective as injury lawyers, however, social media is always a problem for us. After a serious accident, insurance companies and their attorneys don’t just pull your medical records. They scroll. They review your online accounts and those of your friends. They look at anything you’re tagged in and anywhere your picture shows up. Privacy settings help a little, but they don’t keep a determined investigator out of your posts. A joke or a quick photo that felt harmless at the time can come back to bite you later in a courtroom.
that’s a big ask. People want to stay connected and share their lives. The problem is that the other side will take anything they can pull out and try to use it against them. We’ve seen it happen over and over. Recently, we had a case involving a client who was dealing with a severe back injury. While recovering, he took his 6-year-old to a carnival. There was a high striker game there, the kind where you swing a heavy hammer and try to ring the bell. He picked up the hammer once because he wanted to impress his daughter. Someone snapped a picture, and it was posted on social media. At the pretrial, the defense brought that photo in and held it up as proof that his injury wasn’t as significant as he said it was. Posts like these can impact the case and how a jury perceives the situation, but they only capture a single moment in time. They don’t show how uncomfortable he is or that he may end up having to spend several days in bed afterward. Anyone who’s been injured knows you have some good days and some bad days. On a good day, you might want to do something fun with your family or even go out dancing with friends. Those are the days when the cameras come out, and posts go up on social media. The camera never catches someone after a sleepless night or on a morning when they were in so much pain they could barely move. People present their best lives online, and the hard, painful parts of recovery don’t fit into that picture. The distorted perception of reality that social media posts can create is why they are potentially problematic for injured plaintiffs seeking justice. In a perfect world we'd ask all our clients to stay off Facebook, Instagram, X, TikTok and other platforms completely while their case is ongoing. In the real world, it would be preferable for our clients to at least
check with us before posting anything that might be misinterpreted. The goal isn't to scare anyone off the internet. It's to keep pictures or comments from turning into Exhibit A in the courtroom.
In serious cases, investigators and attorneys don’t just watch your social media feeds for a week or two and stop. These cases can run for years, and their investigations don’t let up. During that time, we ask clients to think twice every single time they reach for their phone. We often ask them to unplug from social media completely. We know
- Roger Simon
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You made the first call, sent the email, maybe even had a great conversation, and then … silence. Welcome to the realm where deals die, which many have come to know as the no-follow- up zone. If you’re serious about growing your sales, mastering the art of the follow-up isn’t optional. It’s what separates the closers from the quitters. Stop ghosting your leads. Follow-ups are often uncomfortable because they test your patience (and your ego). That’s why most salespeople give up after one or two. That’s self-sabotage. Remember, you don’t want to pester; you want to provide value. Every message should remind your prospect why you’re worth their time. The key is value, not volume. Share a testimonial. Drop a quick case study. Offer a solution that eliminates their pain point. The goal is to stay top of mind without becoming a nuisance. Here are a few strategies to figure out your follow-up formula. Add a human touch with video. If you want to stand out in an inbox full of text, record a short, personal video. You don’t need Hollywood lighting or fancy editing. Just grab your phone, conjure up some confidence, and shine a light on your sincerity. Mention their company name, reference their site, and speak like you’re across the table. Use tools like CapCut or SendSpark to add captions, as most people watch videos with the sound muted. A 30-second, authentic clip can out-convert 10 generic emails. Make the next step clear. Never leave a meeting or message dangling. Always tell them what’s next. “Let’s schedule our next call for Thursday” works better than “Talk soon.” Be specific, respectful, and organized, as it shows you’re serious and saves deals from falling into the ghost zone. Sell it short and sweet. Your prospects are busy, so respect that. Trim the fluff. Open with enthusiasm, state your value, and close with clarity. You’re not trying to fill airtime. You’re solving problems. Mix your channels. If one follow-up doesn’t land, don’t give up. Just switch lanes. A quick text, LinkedIn message, or call might do what a dozen emails couldn’t. The best salespeople master the omnichannel hustle and are consistent, polite, and present everywhere. Track, tweak, then repeat. Measure what works. Track open rates, responses, and conversions. Double down on what gets traction and ditch what doesn’t. Stay relentless but human. Follow-up isn’t pressure when it’s done right. It offers the possibility of a partnership. Follow-Up Like a Boss Turn ‘Maybe Later’ Into ‘Let’s Do It’
One of the first questions we hear after a crash is often, “Who’s going to pay these bills?” The ambulance, the emergency room, the follow-up visits, and the tests. Most people assume the other driver’s insurance will step in and cover everything immediately. In New York, it does not work that way. Here, we have a no-fault system for motor vehicle accidents. That means the first place most medical bills go is actually your own auto insurance, through coverage called personal injury protection (PIP). It doesn’t matter who caused the crash. If you were in a covered vehicle, your PIP is supposed to pay for reasonable and necessary medical treatment, a portion of your lost wages, and some out-of-pocket costs that come with being hurt. However, there are limits and deadlines on those benefits, and that’s where people often start to feel lost. They see “no-fault” on paper, then the bills and collection notices keep showing up. In New York, basic no- fault coverage typically pays up to $50,000 per person for combined medical bills, lost wages, and certain other expenses. Once that is used up, your health insurance often becomes the next layer of protection. That can be a private plan, a work plan, Medicare, or Medicaid. Those plans may ask to be paid back from any settlement or verdict if someone else is legally responsible for your injuries. Additionally, New York law stipulates that no-fault coverage is intended to be primary for treatment following a crash. If providers bill the wrong insurer first, or if a health plan pays when no-fault should have, it can create confusion and extra letters that are hard to sort out on your own. If your injuries meet New York’s “serious injury” threshold, you may also have a claim against the at-fault driver for unpaid medical bills, future care, and pain and suffering. You don’t need to keep track of every rule by yourself. If you bring us your bills and notices, we can help route them to the right place and work to protect your recovery. THE BASICS OF PIP COVERAGE IN NEW YORK Who Pays First After a Crash?
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THE SERVICE DOG THAT CHANGED A CHILD’S LIFE Trained to Protect
Service dogs’ sense of smell is more powerful than any machine and can detect changes instantaneously. They have been likened to a live-in medical alert system. They can also be trained to notice anxiety or discomfort and offer comfort and companionship, interrupting potential panic attacks by calming their human companions. With training by Julie Madison of Top Tier K9, a professional dog-training company, Ezra learned to detect seizures by using his ability to sense subtle changes in scent or behavior. He was also taught to alert JJ and those around him before any visible signs of a seizure appeared, allowing a few crucial moments for JJ to take medications to curtail the seizures and ensure he was in a safe place. Ezra’s presence led to striking improvements. Not only did JJ experience a sharp decline in seizures, but the entire family felt less uncertainty and fearfulness. As the story of JJ and Ezra demonstrates, bonds between animals and humans can yield near- miraculous benefits.
The family of JJ, a preteen troubled by debilitating seizures, was struggling to manage the condition and allay its devastating effect on his learning and well- being. They tried numerous treatments and therapies, but nothing worked well enough to stabilize JJ’s health. Then, JJ’s community stepped up in a way that changed his life forever. Military veterans at Sun Outdoors, an RV community where JJ and his family live in Sarasota, Florida, learned about the difficult situation his family faced and took the initiative to help.
by Air Force veteran Mark LaFlamme. As a highly decorated Air Force veteran of three combat operations in the Middle East, LaFlamme knew firsthand the challenges of dealing with post-traumatic stress disorder (PTSD); two of his fellow officers succumbed to the pain and took their own lives. As a way of coping with their loss, LaFlamme set out to help others by giving them access to the healing power of trained service dogs. Canines for Heroes has years of experience matching service dogs with individuals in need. So, Mark LaFlamme and his wife, Sandra, matched JJ with Ezra, a dog trained to detect oncoming seizures and provide emotional support. Ezra is a Czech shepherd, a Central European herding breed known for intelligence, alertness, intuitive ability, and loyalty.
Enter Ezra, the service dog.
The veterans reached out to Canines for Heroes, a Sarasota-based nonprofit founded
SUDOKU
Honey Mustard Pork Chops
Ingredients • 4 thick, boneless pork chops • 3 1/2 tsp garlic and herb seasoning, divided • 1 tsp sea salt • 1 tbsp avocado oil
• 1/4 cup stone-ground mustard • 1/4 cup fresh honey • Fresh chopped parsley for garnish
Directions
1. Preheat oven to 350 F. 2. Pat pork chops dry before seasoning them with salt and 1 1/2 tsp of garlic and herb seasoning. 3. In a large, oven-safe skillet, heat avocado oil over medium heat. 4. Sear pork chops in hot oil for 1–3 minutes on each side. 5. In a medium mixing bowl, combine mustard, honey, and remaining garlic and herb seasoning while the pork cooks. 6. Remove pork chops from skillet. Add honey mustard mixture to the skillet and mix. 7. Place pork chops back in skillet and cover with sauce. 8. Place pan in oven and bake for 15–20 minutes, until pork reaches 145 F. 9. Set oven to broil for the final minute to allow the tops to caramelize and enjoy.
Inspired by LoveFromTheOven.com
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516-800-8000 FriedmanSimon.com
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The Evidence You Didn’t Expect INSIDE THIS ISSUE 1 2 The Formula That Can Double Your Sales
Sorting Out Post-Accident Bills
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Meet the Canine Hero That Warns of Seizures
Honey Mustard Porkchops
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The Real Reason 81% of Buyers Trust Some Brands Over Others
CONSISTENCY IS THE ULTIMATE BRAND POWER MOVE HOW THE WORLD’S MOST ICONIC BRANDS STAY INSTANTLY RECOGNIZABLE
real-world language that reflect your brand. Ensure that everyone on your team, from marketing to customer support, knows how to represent your brand effectively.
2. Adapt, but don’t abandon.
Your core voice should remain consistent, but your tone can adapt to suit the situation. The key is adaptability without losing your brand’s essence.
Every great brand has a voice that sticks. Before you even see the logo, you know it’s them. Whether it’s Nike’s motivational punch or Disney’s warm nostalgia, that’s the power of a consistent brand voice. It transforms businesses from “just another company” into trusted, recognizable favorites. And trust matters. In fact, 81% of consumers say they must trust a brand before they’ll even consider buying. The surest way to build that trust? Consistency. What does ‘brand voice’ mean? Yes, your brand voice is how you sound, but it’s also your company’s entire personality. Your brand voice should be unique, recognizable, and impossible to fake. It’s Red Bull’s fearless adrenaline-filled energy and Lego’s creative playfulness. Each has a tone
perfectly matched to what they stand for, and that alignment makes their messages hit home every time. Consistency creates connection. Something powerful will happen as your brand’s voice begins to line up across every touchpoint. Your audience starts to feel like they know you. They see you as dependable, familiar, and, most importantly, trustworthy. That’s how loyalty forms, not from discounts or gimmicks, but from a steady, genuine voice. Keep your voice strong and steady with these tips.
3. Listen and refine.
Your brand voice isn’t carved in stone. It evolves as your audience, market, and values grow. Monitor engagement, review feedback, and watch how your community responds. Brands that stay relevant never stop listening. Be the instantly recognizable brand. Your voice is your signature, and in a noisy digital world, it’s your most significant competitive edge. When your message sounds the same across every platform, your audience can identify it, trust it, and remember it.
1. Document your brand DNA.
Outline your tone, key personality traits, do's and don’ts, and examples of
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