As Internet and social media use have become more prolific in today’s society, a new type of bullying has emerged: cyberbullying. If you are a victim of cyberbullying, you may wonder if you can get compensation for your pain and suffering.
Unfortunately, this matter isn’t as cut and dry as some other types of personal injury cases. Many factors determine whether or not you have a case. Since cyberbullying is a relatively new issue, courts have only recently started to award damages to victims.
If you want to know if you can sue your cyberbuly for damages, read on to learn about what counts as cyberbullying and how you can provide evidence of your suffering.
What Is Cyberbullying?
Cyberbullying is a form of bullying that takes place online or through some other type of electronic communication, such as texting and social networking. Cyberbullies are commonly referred to as “trolls,” although that term is more generally applied to a person who posts comments online that are intended to provoke others or get readers’ attention.
Trolls Versus Cyberbullies
Trolls can be annoying, but their comments are often laughed off or dismissed. Cyberbullies, on the other hand, are an especially vicious type of troll who target an individual with the goal of publically humiliating him or her.
An example of a cyberbully is a person who hacks into someone else’s account and posts embarrassing or hurtful things that damage the victim’s character. Another example is someone who repeatedly harasses, threatens or taunts the victim online to the point of causing serious emotional damage.
Such was the case with 16-year-old David Molak, who committed suicide after months of bullying at school and online. His cyberbully posted a picture on Instagram of himself next to Molak’s girlfriend with the caption claiming that he was going to “steal your girl.” The post escalated as commenters left increasingly nastier taunts and death threats about Molak.
How Do You Know If You Have a Case?
In the case of Molak, the district attorney found that there was insufficient evidence to charge the cyberbullies. Sadly, victims of cyberbullying often fail in getting compensation for damages due to the difficulty of proving emotional damages. It is much easier to prove physical damages, such as cuts and bruises, than it is to prove emotional harm.
However, some victims have been successful in creating cases against their abusers. For instance, Leona Taylor successfully sued William Francko for $425,000 after he posted nude photos of her and her contact information on the Internet.
How Do You Prove Emotional Suffering?
If someone has posted private and embarrassing information about you online, you could have a case. Courts are more likely to recognize these types of injuries as damages that can be compensated.
Another factor that could help you build a case against your cyberbully is if you can quantify the damages. For example, if you have had to pay for counseling sessions, then you could seek compensation for those costs. Similarly, if you have had to take prescription medications for anxiety or depression caused by being bullied, then you could include this cost in your damages.
Legal experts also recommend documenting your feelings during the recovery process. For instance, keeping a journal is a smart way to provide physical evidence of your emotional injuries. Try to write every day about your feelings, and be as detailed as possible when you write about the reasons you feel the way you do.
For more help understanding if you can receive compensation for your emotional damages, talk to one of our personal injury lawyers at the Law Offices of Janice Maloney. We are experienced in protecting the rights of victims of physical and emotional injuries.
