Social media has become a part of our everyday lives. People share photos and updates, comment on news stories and communicate with family and friends.
However, after the unexpected death of a loved one, social media activity can have unintended consequences for a wrongful death case. It’s crucial to understand how your case can be impacted so you can avoid mistakes and protect your legal rights.
Social media posts can become evidence
Many people assume that what they post on social media is private. The truth is that information you share online can be discoverable in litigation in certain circumstances.
Wrongful death cases often involve disputes about what happened, who was responsible and the extent of the family’s losses. Social media posts may potentially be used to support or challenge statements made during the case.
Pictures and videos can sometimes provide useful evidence, but they can also be taken out of context. A photograph posted after a loved one’s death might appear to show that a surviving family member is doing well emotionally. The opposing party can use such a photograph to dispute the severity of a person’s emotional losses. While a picture may be worth a thousand words, it rarely tells the entire story. Still, it may be used to challenge a claim.
Comments can also create problems.Family members may make emotional statements about the accident, the person responsible or the legal case. Even comments intended to express grief or frustration could potentially be misunderstood when viewed outside their original context.
If you have filed, or are considering filing, a wrongful death lawsuit, resist the urge to discuss the case online. Also, be cautious about friend requests or follow requests from people you don’t know. Someone connected to the opposing side may be trying to access information that isn’t publicly available.
When you are grieving, the last thing you need is for an innocent social media post to create unnecessary complications. Taking a cautious approach to your online activities can help protect your family’s interests during your wrongful death claim.
