Those who are looking to receive damages for an injury that has happened to them need to be sure that they are not using social media channels as a way to later incriminate themselves. There have been several cases in which social media has been used as a way to prove the victim was not as injured as he or she said they were.
One particular example that comes to mind happened in June of 2011. Omeisha Daniels was a passenger in a 2004 Ford Taurus, driven by her friend. The Taurus was involved in a collision with a van driven by an American Refrigeration service employee. Daniels was taken to the hospital, treated and then released. She suffered with a concussion, a laceration that was 6 to 8 inches in length and a broken arm that required plates and screws to fix.
In the claim against American Refrigeration Service, it was found that the employee who was driving has received 5 speeding tickets between 2005 and 2006, and had a few DUI’s in 1988 and 1998. Daniels was claiming that it was negligent on behalf of the company to hire such a driver for their company. The plaintiff was seeking damages between $1.1 and $1.3 million plus medical expenses and pain and suffering.
Daniel’s was warned about using the Internet to discuss her case, as well as being careful of what she posted, as this could later come back on her. However, Daniel’s did not listen to the warning. At trial, the defense showed social media posts made by Daniels in which she did show that perhaps she was not as hurt as she claimed. There were images of her holding things with the arm that was broken, as well as drinking with friends.
Due to the social media posts that were displayed, the jury cut her award down to $142,000, but did cover her $58,000 in medical expenses.
Social media is a digital way to record our lives, thus I agree that plaintiffs should be careful of how they are using these postings on their social media sites. Those who are seriously injured in an accident would not been seen in photographs partying or hanging out with friends, which are often events that are posted on social media. This also brings to mind the double standards of social media. If I were to bring to a case the posts of an injured worker who talks about depression and the pain they are in, these would be dismissed by the jury due to the defense arguing these were in no way concrete evidence.
The best advice that I can give any injured person is that they should be aware of what they are posting to their social media networks. The things you post online, can be a direct contradiction to what your case is claiming, which can hurt you in the long run.
If you were injured in accident, contact Mike Agruss Law, for a free consultation. We are a Chicago injury law firm representing individuals and families who have suffered an injury in a bicycle accident. Mike Agruss Law, will handle your case quickly, will advise you every step of the way, and will not hesitate to go to trial for you.
Lastly, Mike Agruss Law, does not get paid attorney’s fees unless we win your case. Our no-fee promise is that simple. Therefore, you have nothing to risk when you hire us—just the opportunity to seek justice.