Legally reviewed by:
Setareh Law
September 13, 2024

The tragic loss of a loved one is a heartache like no other. In the midst of grief, seeking comfort and connection through social media is natural. You may find yourself sharing memories, expressing sorrow, or simply trying to make sense of the overwhelming emotions. But while social media can offer solace, it’s important to be aware that your online presence can have unintended consequences when you’re considering a wrongful death lawsuit.

The impact of what you share online can be significant, from potentially harming your case to giving the opposing party ammunition to minimize your suffering. Setareh Law understands the delicate balance between grieving and pursuing justice. We are here to help guide you through this challenging time and help ensure your wrongful death claim has the best chance for success.

How Can Social Media Activity Be Used Against You?

When you file a wrongful death claim, every aspect of your life may come under scrutiny. The other party, whether an insurance company or an individual, will likely try to minimize or dismiss your claim. One of the first places they might look for information is your social media accounts.

Investigators may comb through your posts, photos, and interactions, searching for anything that could undermine your case. Even if your social media posts seem unrelated to your loved one’s death, they can still be used to paint a picture that doesn’t reflect your genuine grief or loss. For example, a picture of you smiling at a family gathering might be misconstrued as evidence that you aren’t deeply affected by the tragedy, making it harder to recover damages for pain and suffering.

Privacy Settings on Social Media Aren’t Always Guaranteed

Many believe that setting their social media profiles to private will protect them from scrutiny. While privacy settings can offer some protection, they are not foolproof. In a wrongful death case, your social media posts can still be subpoenaed and used as evidence, regardless of your account’s privacy status.

Courts have granted access to private social media content in many cases, especially when it is deemed relevant to the legal matter at hand. Even if you carefully manage your privacy settings, there’s no guarantee that your posts won’t be used against you. The best action is to limit your social media activity or avoid posting altogether until your case is resolved.

Avoid Social Media Entirely to Safeguard Your Wrongful Death Case

The most effective way to protect your case from potential harm is to avoid social media altogether until your legal matters are resolved. Even a seemingly harmless post can be misconstrued and used to your disadvantage.

It’s not just about your own posts – ask your friends and family to refrain from mentioning you or your situation online. Investigators may search far and wide for any information that could be detrimental to your case, so it’s best to minimize your online presence entirely.

Get Trusted Legal Advice When You’re the Victim of a Wrongful Death Case

The last thing you need is for your social media activity to complicate matters when you’re going through a wrongful death lawsuit. If you feel the need to use social media while your wrongful death case is ongoing, consult with your attorney before posting anything. Understanding the impact of social media on your case and taking steps to protect yourself allows you to focus on honoring your loved one’s memory and seeking the justice they deserve.

At Setareh Law, our compassionate wrongful death lawyers stand ready to walk you through this challenging wrongful death process. We know what tactics are typically used by the opposition to undermine your claim and want to help you secure the compensation your family needs to move forward. Talk to experienced wrongful death attorneys at Setareh Law over a free consultation by calling (310) 659-1826 or completing a contact form.