Catfishing is when someone takes on a fictional persona online and lures someone into a relationship. The person they lure into a relationship by deceiving them can be rightly considered to be a victim of catfishing. When it comes to being a victim of catfishing, does the victim have any legal recourse? Possibly, if the victim was injured in some way.
Here's what you need to know if you have been catfished and you believe it caused you harm.
Did the catfish act in an extreme and outrageous manner?
It's one thing to be emotionally distraught over realizing that someone you fell in love with or had romantic feelings for had been wholly dishonest with you, but you can't sue someone in a personal injury lawsuit simply for lying to you. If that was the case, people everywhere would be able to sue their exes. However, if the lies were extreme and outrageous and caused you severe emotional distress, you may have a winnable case.
For example, if your catfish told you that they didn't know if they could live without you in their life, you may feel as if you cannot leave the relationship, but that's not necessarily something that would be considered viable for emotional distress in a personal injury lawsuit. However, if your catfish told you this on the phone and then you heard the sound of a gunshot and nothing more, this scenario could be considered as extreme and outrageous.
Your particular situation could be considered as a case of cyber-bullying, depending on the dynamics of the relationship and if you felt pressured into anything. Explain your relationship to a personal injury lawyer to determine whether or not there is a basis for recourse for emotional distress in a personal injury lawsuit.
Did the catfish cause you to lose money?
If you were so emotionally distressed that you lost money, you may be able to use the monetary losses to quantify your damages. Several ways a catfish may have caused you to lose money include:
- you were so distraught that you missed work or lost your job altogether
- you had to pay out of pocket for mental health sessions
- your catfish had asked you to send them money or pay their bills
If the catfish was misleading you with the sole intention of taking advantage of you financially, your lawyer will likely try to persuade you into reporting the crime to the local law enforcement authorities. Should this happen and your catfish is found guilty, it can bolster your personal injury case.
Do you have any idea of their true identity?
Since the entire intent of catfishing someone is to deceive them by lying about their identity, you may not have any idea who the real person is behind the fake persona. So how can you sue someone when you don't know who they are? First, you file a personal injury lawsuit against a John Doe or Jane Doe. Then, your lawyer will petition the court to serve a discovery motion on the online entities your catfish used to communicate with you.
This will force the applicable website to determine the identity of the catfish. When you have the real identity of the catfish, your lawyer can then amend the lawsuit filings to replace John or Jane Doe in the documents to their real name.
In conclusion, it is crucial for your mental health and for your safety to not contact your catfish during the process of your personal injury lawsuit. If you are fearful of your catfish, ask your lawyer what you can do to protect yourself.
Contact a law firm like Evans & Turnblad to learn more.
