Knowledgeable Wrongful Death Attorney Gives Important Advice
Social media sites such as Facebook, Twitter and Instagram have become the go-to sources of evidence for a lot of defense lawyers. In a wrongful death case, the individual who files the lawsuit (the claimant) against an insurance company/ organization wants compensation for all the pain and damages suffered. Nowadays, defense lawyers go to the claimant’s social media accounts to see whatever they are posting in an effort to prove that the claimant did not suffer or is not suffering as much as he or she claims to be. In this article, we will share with you how your posts on your social media accounts could ruin your case.
If you claim in your lawsuit that you suffered significant emotional damages as a result of the wrongful death and yet you post pictures showing you doing things that an emotionally damaged person(s) in mourning would probably not do, then your case might be seriously challenged. Insurance companies and defense lawyers will look anywhere for evidence against your claims. Anything you post online can easily be found and used against you. For example, if you post pictures of you enjoying a mini-vacation, having fun at a friend’s party, or out and about at night, the defense lawyers can use these as “evidence” to seriously challenge your case.
Even in cases where your wrongful death attorney still wins the lawsuit you have filed, the amount of compensation you will get can still be affected by what you had posted earlier.
Previous posts from before your loved one’s death can also be used to limit wrongful death claims. Maybe you are claiming loss of consortium or loss of conjugal fellowship, yet your previous social media posts from before the decedent’s death could be used to suggest that the two of you were estranged.
The two things about social media posts – be it on Facebook, Twitter, YouTube, LinkedIn, Google Plus, or your personal blog – is that they are discoverable and that they can be twisted or misconstrued to mean something else. You might actually be suffering the pain you claim to be suffering, but posting a video that can be interpreted as suggesting otherwise will only be detrimental to your case. Nowadays, you can even use “check in” features to show where you are posting from. The fact that you “checked in” at a Miami night club or somewhere else that a grieving person or someone who suffered the pain or damages you suffered would not normally be at, may negatively affect your case.
Here is what to do on social media:
Don’t post anything on social media from the point you lose someone until the settlement is made
The info you post could be used as evidence against you. Resist the urge to share your experiences until the case is done and the settlement is made.
Ask your friends to do the same (not to post anything concerning you on social media)
Any information they post about you could also be used to limit your claim.
Make your online profiles more private
By limiting the amount of information about you that can be accessed by anybody online, you reduce the chances of insurance companies or defense lawyers finding anything you posted online and possibly using it against you.
As you can see, social media can negatively affect your claim. It can be used by lawyers to limit your claim or to justify a much lower offer than what you are actually entitled to. Increase your privacy settings and ask your wrongful death attorney for advice before posting anything.
Wrongful death Resources