Omiesha Daniels sought $1.1 million after being injured in a Georgia auto accident. She claimed the broken arm and lacerated forehead sustained in the accident rendered her unable to perform her responsibilities as a hair stylist. The jury returned a $237,000 verdict for Daniels.
Then Daniels started Tweeting.
Daniels went to New Orleans and to the beach for Spring Break. She posted photos on Twitter showing her celebrating in New Orleans with friends in what she tweeted was an "epic weekend." She also posted a photo of her carrying a handbag with her injured arm and included an accompanying tweet: "I'm starting to love my scar."
The defense attorney showed the tweets to the jury while arguing that the 22-year-old's injuries were not preventing her from enjoying life. Ever her attorney admitted that the photos gave the jury the idea that Daniels' injuries were not detrimental to the satisfactory completion of her job requirements.
A plaintiff must prove that the defendant was at fault in a Georgia auto accident case and must also show that she is entitled to receive damages for her injuries. Damages are usually justified by showing an injury or loss resulting from the accident such as lost wages or medical bills and associated treatment or therapy. The defense will attempt to show that the injuries are not as severe as the plaintiff alleges. This can be done by offering statements made by the plaintiff indicating that she was not badly hurt. Such statements may be made to friends or family on social media such as Twitter or Facebook. Seemingly innocuous comments could severely hinder a personal injury claim.
The Gwinnett County jury lowered their award by 40 percent to $142,000 after seeing the Twitter evidence.
If you or someone you know has been hurt in an auto accident, meet with a Clayton County auto accident lawyer at the Law Offices of Shane Smith. We can assist you in every stage of your case including giving advice about safe social media use.