How Social Media Can Impact A California Wrongful Death Case
When families come to me after losing a loved one due to negligence, one of the first things I remind them is how important it is to be mindful of social media. Wrongful death cases are emotionally charged and financially significant. Defense attorneys and insurance companies will look for any angle to limit or deny liability or damages. In today’s world, that often means combing through social media accounts to find posts, photos, or comments that can be taken out of context and used against the family.
In California, wrongful death claims are governed by California Code of Civil Procedure § 377.60, which allows certain family members, such as spouses, children, or dependents, to bring a lawsuit when a death is caused by another party’s wrongful act or neglect. Because these cases involve damages such as lost financial support and loss of guidance or companionship, anything a family member posts online may be scrutinized. A casual photograph or an optimistic post can be twisted to suggest the loss did not cause as much hardship or disruption as claimed.
Why Social Media Posts Can Be Used Against You In A Wrongful Death Case
Insurance companies may also look to social media to dispute liability. For example, if family members post about events surrounding the accident, those statements could be used in court to contradict testimony. Even private accounts are not truly private once litigation begins, because courts can compel the production of relevant posts. That is why I often counsel families to limit or avoid social media during the pendency of a wrongful death case.
The stakes in these cases are high, and social media evidence has already been used in California courts to undermine plaintiffs’ credibility. As an attorney, my role is to protect families from these tactics, but awareness and caution from the outset make a tremendous difference.
FAQs About Social Media And California Wrongful Death Cases
Can Insurance Companies Access My Private Social Media Accounts?
Yes, in some cases. Even if your account is set to private, courts can order you to turn over relevant posts if the defense can show they may contain evidence related to your claim. This means private messages, photos, and posts are not guaranteed protection.
How Can Social Media Posts Affect My Damages Claim?
If you post photos showing yourself smiling at an event or appearing to enjoy life after the death of a loved one, insurance lawyers may argue that your grief and hardship are not as significant as claimed. Such photos can be misleading. But this can reduce the compensation you might otherwise receive.
Should I Delete My Social Media Accounts After Filing A Wrongful Death Claim?
You should not delete existing accounts or posts once litigation is anticipated, because that could be considered destruction of evidence. Instead, stop posting new content and discuss with your attorney how to handle your existing accounts. That said, usually, it is okay to resume your normal online activities with specific precautions in mind.
Can Friends’ Posts Hurt My Case Too?
Yes, they can. If friends tag you in photos, share stories, or comment on the loss in ways that conflict with your claims, the defense may attempt to use those statements against you. It is important to talk to close family and friends about being cautious with social media while the case is pending. You don’t want anything posted about you that might be misleading to an insurance company or jury.
Are Social Media Posts Ever Helpful In A Wrongful Death Case?
Sometimes. Posts made immediately after the death may provide powerful evidence of the significance of your loss. However, these same posts may also be dissected by the defense. Any potential benefit must be carefully weighed against the risks, and that is why we carefully review this type of evidence with clients. Indeed, there are instances where social media posts have been used successfully to corroborate a Plaintiff’s claims.
What Should I Do If The Defense Brings Up Social Media At Trial?
Your attorney can challenge the relevance or authenticity of social media evidence, but the safest approach is to avoid creating problematic content in the first place. If posts are introduced, we prepare to explain the context and prevent mischaracterization, so the jury gets a full and accurate picture of all the evidence.
Call Bracamontes & Vlasak For A Free Consultation
At Bracamontes & Vlasak, we know how important it is to protect families’ rights in wrongful death cases. Social media is just one of many tools defense attorneys use to minimize claims, but we are prepared to fight aggressively to make sure your voice is heard.
If your family has suffered the loss of a loved one due to negligence, contact our California wrongful death attorneys at Bracamontes & Vlasak to receive a free consultation at 415-835-6777. Our Oakland office represents injury victims and families throughout the Bay Area and across California.
