The Danger of Facebook for Personal Injury and Workers ...

In a recent case in Charlottesville, Virginia a claimant won a $10.6 million jury verdict due to the death of his 25-year old wife in 2007. She had died when her Honda Accord was hit by a cement mixer. The driver of the cement mixer was at fault because he had lost control of the cement mixer on a curve. In fact, he pleaded guilty to manslaughter.

Since the cement mixer driver was clearly at fault, the only issue at the trial was how much money the widower would be awarded due to the death of his young wife. The determining factor in assessing damages would be the pain and suffering of the young widower. The jury undoubtedly due to the picture of the cement mixer crushing the Accord had no trouble awarding the highest verdict ever recorded in Charlottesville.

The defense sought the widowers Facebook information. The claimants lawyer attempted to prevent this information from being disclosed. The widower had posted a picture on his Facebook page a year after his wifes death. In the picture he had on a tee shirt and was wearing a garter around his neck. On the tee shirt, the widower had a reference to ?Hot Moms.? Obviously, the defense sought this picture in order to undermine the widowers claim of pain and suffering due to his wifes death. Due to the widowers attorneys alleged attempt to conceal this picture, the defense is asking the judge to set aside the $10.6 million verdict.

This case illustrates the fact that claimants must be very careful of the information they put on Facebook. Often, the defense will look at the Facebook information. The defense will be looking for information indicating the claimant is lying about his position. For example, if the claimant asserts he cannot walk without crutches, a picture of him on Facebook surfing, bowling or playing softball will undermine his position.

Thus, any claimant should know his Facebook pictures, videos and information may be reviewed by the defense. The wrong type of picture or video could cost the claimant his entire claim. If the claimant goes on vacation, goes to a party, and plays in sporting events he must be very wary about recording these activities on Facebook. He may think only his ?friends? will see the record of his activities. In reality his Facebook may soon become an Open Book for the defense whether the claimant has a Workers Compensation claim or a Personal Injury claim.

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed as legal advice.I have 35 years of practice as a Virginia Workers Compensation Lawyer. In 1999 I was selected in Richmond Magazine as the Best Workers Compensation Lawyer in Central Virginia. Also see: http://www.geraldlutkenhaus.com and http://www.virginiadisabilitylawyer.com.

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Source: http://perfectinsuranceguide.com/2011/08/26/the-danger-of-facebook-for-personal-injury-and-workers-compensation-claimants/

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