Georgia law allows for punitive damages when the at-fault driver’s conduct is reckless, willful, wanton or shows a conscious disregard for the consequences of his/her actions (O.C.G.A. 51-12-5.1). Damaging evidence is being found on social media sites everyday. Social media sites like Facebook, Twitter, Tumblr and Instagram can be used to help add punitive damages to a personal injury case. Also, once the information is on the internet, you may not be able to remove it or you could be accused of tampering with evidence.
Recently, I had the opportunity to attend a legal seminar that discussed the real life impact that social media had in proving punitive damages in a personal injury case. The at-fault driver had posted on twitter that she had drank too much just hours prior to the crash and this evidence was very persuasive to the jury in finding punitive damages. What have you posted lately?