The Role of Social Media in Wrongful Death Lawsuits

Social media has permeated almost every facet of our lives, including legal claims. If you are currently a party to a wrongful death claim in Tennessee, there are certain things that you need to be aware of when it comes to posting on social media. Anything put online could be used by insurance carriers or attorneys to twist facts related to the case.

Watch What You Post Online – Because Others Are Watching

It can seem like second nature to get out our phones or other devices and post our lives online. The last two decades have seen the rise of the social media era, and this era encompasses every aspect of our lives. 

Wrongful death lawsuits are no exception.

Anything you post online while you have pending litigation will likely be monitored by other parties. We do not mean to say that insurance carriers and legal teams for defendants spy, but that is essentially what they do. They will use any information available to them to bolster their case against a claimant, and this means scouring the social media platforms of all parties involved.

Where Should You Not Post Online While a Case is Ongoing?

If you have become involved in an injury or wrongful death claim against another party, we encourage you to stop posting online. You should speak to your attorney about what would be acceptable to post and what would not. In most circumstances, the best bet is to post absolutely nothing related to the case and to even be careful about other information you post online.

Some of the most common platforms to avoid while an injury or wrongful death claim is ongoing include:

  • Facebook
  • Instagram
  • TikTok 
  • Twitter
  • Personal websites
  • Personal blogs
  • Other social media platforms

Even if you think you have excellent privacy settings turned on, the reality is that someone can see what you post. Even if one other individual can see what you post, that is enough for information to leak out. All it takes is one other person liking something that you post or sharing your information and post to derail your claim. 

How This Could Affect Your Case?

There are various ways that posting on social media could affect a wrongful death lawsuit. In many cases, attorneys for a defendant could use the information that you post or have posted in the past to tarnish your reputation in the eyes of the jury. For example, they could use any posts about past financial difficulties and say that you have only filed a wrongful death claim in order to secure compensation for your own personal financial purposes.

Additionally, if you post about the case at hand, you should almost certainly expect anything you post to show up in the courtroom. For example, if you begin to speculate about evidence online, attorneys for the defendant could use this “armchair speculation” to place doubt in the jurors’ minds. 

We strongly encourage you to work with a skilled wrongful death lawyer in Tennessee who has experience handling these claims. Talk to your wrongful death attorney in Nashville about social media use and what may be acceptable to post. If you are uncertain about anything you were thinking about posting online, err on the side of safety and do not post it.