When you’re grieving the loss of a loved one, social media can feel like a natural outlet for processing your emotions and connecting with friends and family. However, what may seem like an innocent post could seriously impact your ability to recover compensation through a wrongful death claim.
Our South Carolina wrongful death lawyers have seen firsthand how insurance companies and defense attorneys scrutinize grieving families' social media activity and other online evidence. Understanding these risks is crucial for case preservation and protecting your family’s right to justice.
Your Online Presence Is Being Watched
Insurance companies often employ teams of investigators who specialize in finding and preserving social media content that could help them deny or devalue claims. Even posts that seem unrelated to your case could be twisted and taken out of context.
For example, posting photos of a family gathering where people are smiling could be used to argue that you haven't suffered significant emotional distress from your loss. Updates about returning to work or daily activities might be presented as evidence that you've "moved on" and don't deserve substantial compensation for the loss of companionship.
Privacy Settings Won't Fully Protect You
Many people assume that using strict privacy settings will prevent their social media activity from being discovered and used as online evidence. However, insurance companies have sophisticated methods for accessing supposedly private content.
They may send friend requests from fake profiles to gain access to your posts. They can subpoena platforms directly for access to private content. Even deleted posts can sometimes be recovered through various technical means. The safest approach is to assume that any social media post could potentially become online evidence in your case.
Friends and Family Posts Can Also Cause Problems
It’s not just your own social media activity that can be used against you. Insurance adjusters may also monitor the accounts of your friends and family members, scrutinizing their posts and tags about you.
Activity Photos Questioning Fault
If your loved one died in a car accident, defense attorneys might search for photos showing them engaging in risky driving behavior. This could be used to support their assertion to shift some or all of the blame to your loved one under South Carolina’s modified comparative negligence laws.
For example, if a friend posted an old video of them racing cars or driving aggressively, this could be used to argue they had a pattern of dangerous behavior that contributed to their death.
Contradictory Comments About the Accident
Well-meaning friends might post their own theories about what caused the accident, especially if they work in related fields like emergency services or healthcare. These amateur analyses could contradict expert testimony or official reports, creating confusion about liability that insurance companies could try to exploit.
Social Media Tributes That Reveal Private Details
Memorial posts often include personal stories and memories. While these tributes come from a place of love, they might inadvertently reveal information that could hurt your wrongful death case.
For instance, if someone shares a story about your loved one's prior medical conditions, the defense might argue these health issues contributed to their death rather than the negligent party's actions.
Updates About Your Daily Activities
Friends posting about seeing you at social events or mentioning your return to work might seem harmless. However, insurance companies could use these posts to argue you haven't suffered significant emotional distress. They might question why you're able to attend a birthday party or go out to dinner if you're experiencing profound grief.
Reduce Problematic Online Evidence With a Social Media Break
One of the best wrongful death case preservation techniques is to take a break from social media until the claim process is complete. Don’t embolden insurance companies with online evidence they can use against you.
Avoid Discussing Financial Matters
Even innocent comments about finances could impact your case. If you post about planning a vacation or making a major purchase while your wrongful death claim is pending, the insurance company might argue you don't need compensation for funeral expenses or loss of financial support.
Watch Your Emotional Language
Expressing anger toward the responsible party online could paint you as vindictive rather than grieving. Similarly, posting about "feeling blessed" or "staying positive" might be used to minimize your emotional suffering, even though these are normal coping mechanisms.
Monitor Tagged Photos and Check-Ins
Location tags and photo tags can reveal your activities without you even posting. Ask friends to check with you before tagging you in posts or sharing your location. Something as simple as being tagged at a movie theater could be used to question your claimed emotional distress.
Think Twice About Event RSVPs
Facebook events and public RSVPs can be particularly problematic. Showing interest in upcoming social events or celebrations might be interpreted as evidence that you're not experiencing significant grief, even though maintaining social connections is a healthy part of the healing process.