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Social Media Can Hurt Your Claim

 Posted on December 30,2016 in Wrongful Death

San Jose wrongful death attorney, social media, personal injury claimSociety has changed over the last few decades. With the emergence and development of social media accounts, everything from the birth of our children to the funeral arrangements of a family member is on public display for those on our contact lists to see. In daily life, this is fine to do and even has several benefits for many Americans. However, when an individual is involved in a courtroom battle of any kind, including wrongful death or personal injury, it is best to avoid posting anything on social media accounts.

Prove it to Win it

Although a wrongful death claim and a negligence case are different in various ways, the aspects necessary to create a winning case are similar. Insurance companies and other attorneys understand that these types of cases must be treated similarly to a criminal investigation—both sides scour social media posts and all other avenues for evidence on either side.

To successfully claim a wrongful death or negligence case, the following aspects must be proven:

  • Duty: The accused must owe due care to the person harmed or killed during the incident;
  • Breach of Duty: The defendant failed to behave dutifully;
  • Causation: The accident took place directly due to the negligence of the respondent; and
  • Damages: The plaintiff lost a loved one due to the incident or suffered severe injuries.

Avoid Posting and Deleting

If part of your claim is suffering from grief to the point of being unable to work, a post about going out for a night on the town or to a wedding is detrimental, no matter how uplifting and essential to personal recovery the experience is for you. Additionally, pictures of you long before the death of your loved one is possible evidence to be used against you. These posts, photos, video clips, live feeds, etc. can all be used because the content is discoverable and can be misconstrued and used for the opposition.

Have Questions?

If someone near and dear to your heart has passed away due to the negligence of another, or you are suffering from ongoing damages, then first consider the impact of your social media posts. If you feel the information is imperative to share with the public, send it to your attorney first. If you do not have an attorney and would like to discuss your case with a San Jose, CA wrongful death attorney, please contact the Law Office of John J. Garvey, III. Call 408-293-7777 today to schedule your free initial consultation. We have more than 45 years experience defending our clients in Santa Clara County, Alameda County, Santa Cruz County, Monterey County, and surrounding areas.


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