Ways That Cell Phones Have Changed Personal Injury Lawsuits

Cell phones have undoubtedly changed the face of society in both the US and around the world. They haven’t just impacted day-to-day life; they have changed the way that American courts see and rule on cases.

The recent incident of the United Airlines passenger being pulled from his seat and shown on every news channel is just one example of how legalities, especially personal injury lawsuits, have changed in just the past several decades, thanks to technology.

The image of David Doa was strewn across every television set from Maine to Alaska. Doa’s resisting arrest made national news — with reason, because it was violent and unnecessary. But the other reason it made the news is because there were cell phones around to capture what happened. Just a few decades ago, the incident would have been left to eyewitness accounts and hearsay, neither of which is nearly as reliable.

The cell phone has given the common man a voice against big corporations, law enforcement, and any other person that holds a more prominent place in society. It has given the individual, a way to have their side of the story told instead of having it covered up. It isn’t just the airline’s scandal, either; the many videos of things from police shootings to individual pedestrian fights have been put before the courts to be judged and decided upon. It’s no longer about mere storytelling — now the evidence is right there on video.

Cell phones are changing how Atlanta personal injury attorney can present their cases in court. It’s no longer limited to a “he says, she says” argument — the real episode is played out in front of the court with very little interpretation needed by prosecutor, defense, or any expert witnesses. Recent research shows that as many as 95% of Americans carry a cell phone or mobile device with videotaping capability at all times. That means that there is literally nothing a person can do anymore that isn’t under the watchful eye of someone or something.

The thing to remember in today’s world when it comes to personal injury is that there are five golden rules. The new age of technology has changed the rules and the court hearings in these five profound ways.

1. Everyone is a witness

Because everyone has a cell phone on them at all times, it means that there is a high likelihood that if something happens, someone has it on tape. When you are out in public, it is important to remember that there is always someone watching and probably someone filming. When it comes to personal injury, if it is on film, it is typically admissible.

2. You can protect your own evidence

If you are involved in something that can potentially explode, remember that you are your own best defense or prosecution. If you have a cell phone, make sure to use it and capture what you need so that if something arises, you have the proof to either defend yourself or to make sure you are fairly compensated for your injuries.

3. Be careful what you post

Whether it is on Instagram, Twitter or Facebook, anything that you post online is admissible in court. Not many people realize that what they are putting on their social media pages is like giving a confession or being in the witness chair. Anything you post can and will be used against you in a court of law.

4. There is a “Youtube effect”

Law enforcement understands that there is something called the Youtube effect. It is the fact that the public is capable of posting videos on the internet that are just a snapshot of the entire scene. Even when police officers are following the law and guidelines, the videos can make it look as if the officers were being overly violent or abusive.

It works on both sides. If you are doing something, you shouldn’t put a video on Youtube to give police the proof to prosecute you. For law enforcement, it alters the way that police officers react in certain situations, knowing that there is probably someone always watching and filming what they do.

5. The court is now public opinion

It used to be that trials were carried out in a court of law that consisted of juries. Now the court of opinion can be just as strong and carry as much weight — if not more than — as just a judge and trial. When it comes to a personal injury trial, if there is enough public outcry — such as what happened on the airline to remove Mr. Dao — then juries will respond with more fervor when they are forced to make monetary awards.


The internet and technology have undoubtedly changed the way that personal injury suits are tried and played out across America.