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Can a "tweet" sink your case?


As I have previously blogged, posting on social media such as twitter and Facebook can impact your case. The Courts are now requiring plaintiff's to provide passwords and access to Facebook accounts. Savvy insurance adjusters and their attorneys search the internet and social networking websites looking for information about claimants to use in defending lawsuits.

In a case out of New Orleans, Daniels vs. Atlanta Refrigeration, No. 11-C-05722, Omiesha Daniels (age 22) sought $1.1 million in damages for injuries sustained from a motor vehicle collision including a fractured arm and scarring to her forehead. A verdict was returned for $142,000 after the jury saw her tweets. Daniels sent a tweet that she was starting "to love my scar," and stated that she was able to carry, with her previously broken arm, a purse" and she posted a photo of herself with a large purse online. Unfortunately for the plaintiff, an innocent photo she posted online, showing her carrying a large purse with the arm she claimed was in constant pain, sunk her hopes of damages for future pain and suffering.

Even the most innocent posts and tweets can be construed in the worst light when a defense attorney spins the image to jury during a trial. Be careful what you post or refrain from posting at all while your case is pending.

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