Social media harm is a significant concern for users of all ages. However, studies have identified particular mental health concerns among children and teens who use social media platforms, and social media companies are now facing social media addiction lawsuits across the country from families who are grappling with the effects of social media harm.

These lawsuits are important for a couple of reasons. First, if successful, they will ensure that companies like Meta (Facebook and Instagram), Google (YouTube), ByteDance (TikTok), and Snap (Snapchat) are held accountable for developing and promoting high-risk online social media platforms. Second, they provide families of young users affected by social media harm the opportunity to recover just compensation. This includes not only compensation for the direct out-of-pocket costs they incur, but compensation for the psychological effects their children experience due to their social media use as well. 

“Recent studies and investigations have identified serious mental health risks associated with social media use, particularly among children and teens. In light of these findings, parents across the country have begun filing lawsuits to hold social media companies accountable. Approximately 500 social media harm lawsuits have been filed to date, and we expect this number to increase rapidly over the next year.” – Dr. Nick Oberheiden, Founding Attorney of Oberheiden P.C. 

While filing a social media harm lawsuit costs parents nothing out of pocket (because they can hire a lawyer on a contingency-fee basis), there are still several considerations involved in deciding whether it is worth taking legal action to file a social media addiction lawsuit. This includes understanding how much parents can reasonably expect to recover in a social media lawsuit. Each family’s circumstances are unique, and families’ individual circumstances determine what damages they can seek to recover in their lawsuits. 

Potential Damages in a Social Media Harm Lawsuit

Recognizing that this is the case, parents who are considering legal action will need to consult with a social media harm lawyer who can accurately assess the value of their claim. This will include assessing their ability to recover compensation for losses including: 

Medical Expenses

Social media addiction, bullying on social media, and sexual exploitation through Facebook, Snapchat, and other social media platforms can each cause various types of serious mental health issues, including self harm and eating disorders. While these and other mental health issues are generally treatable in young adults, treatment can be expensive—and it is often a long-term (if not lifelong) process. 

As a result, for parents of children and teens who are struggling with the effects of social media harm and social media adolescent addiction, recovering just compensation for their family’s medical expenses can be extremely important. When pursuing social media harm lawsuits, parents can seek just compensation not only for the costs of their child’s or teen’s diagnosis and treatment to date, but also for their mental healthcare needs in the future. 

In cases involving self-inflicted harm and attempted suicide, parents can seek to recover the costs of all other necessary forms of medical care as well. Here, too, this includes both costs incurred through the date of settlement or verdict (if a lawsuit is successful) and costs that the family anticipates incurring in the future. 

With all of the damages discussed in this article, a diagnosis is a key first step toward recovery. Prompt diagnosis can also help to mitigate the substantial effects of social media harm in some cases. With this in mind, parents who have concerns should seek help for their children and teens with social media accounts as soon as possible. Seeking a diagnosis promptly also helps to protect families’ legal rights when they have grounds to recover just compensation. 

Other Out-of-Pocket Costs 

Along with medical expenses, parents who file social media harm lawsuits can seek to recover just compensation for other out-of-pocket costs as well. This includes all out-of-pocket costs resulting from their child’s or teen’s harm suffered through social media. Some non-exclusive examples are: 

• Transportation costs for attending appointments with psychologists, psychiatrists, and other mental health specialists 
• Costs for prescription medications and medical supplies
• Funeral service and interment costs in cases involving suicide caused by social media harm

While it can be helpful for parents to keep a record of these costs as they incur them, a lawyer can assist with obtaining documentation as necessary. Paying with a debit card or credit card is one of the easiest ways to keep track of expenses for lawsuit-related purposes, though invoices, bills, and receipts can be effective forms of documentation as well. 

Lost Earning Potential 

If the effects of a child’s social media harm will prevent the child from working or negatively impact his or her career prospects, the family’s social media harm lawsuit can also include a claim for lost earning potential. This could be months, years, or decades of lost income and benefits. Here, too, a comprehensive diagnosis is key, and parents will need to work with their child’s doctors and the family’s lawyer to accurately determine how much they can—and should—seek on their child’s behalf. 

The effects of social media harm can impact a child’s or teen’s future in numerous different ways. Some may find it difficult to work at all as a result of the mental health complications they suffer. Others may lose the drive to pursue a career or find it difficult to obtain the education they need to pursue their dream job. Of course, in cases involving suicide resulting from social media harm, the circumstances are very different, and parents can seek to recover a lifetime of lost earnings from the company that is responsible.

Emotional Trauma and Distress

Along with recovering direct financial costs, filing a social media harm lawsuit also affords the opportunity to recover just compensation for the psychological effects of the harm caused. This includes just compensation for the child’s or teen’s emotional trauma and distress. In some cases, parents may be able to recover just compensation for their own emotional trauma and distress as well. While these are non-financial losses, financial compensation is available, and there are well-recognized methods of calculating compensation awards based on the severity and duration of the emotional trauma and distress endured (among other factors). 

While it can be difficult, attempting to document the psychological effects of a child’s or teen’s social media harm can also be important for ensuring that the social media companies are held accountable to the fullest extent possible. Your family’s lawyer will be able to explain the specific steps you should take, and will be able to assist with compiling all relevant documentation as necessary.  

Loss of Companionship, Society, and Enjoyment of Life 

Recoverable non-financial losses in social media harm cases also include loss of companionship, loss of society, and loss of enjoyment of life. Anxiety, depression, and the other effects of social media harm can impact children’s and teens’ lives in a variety of different ways; and, in cases involving social media-induced suicide, parents’ and siblings’ lives will never truly be the same. While financial compensation may seem like small consolation for the devastating losses caused by social media addiction, bullying, or sexual exploitation, it is the best our legal system has to offer, and recovering just compensation can help ensure that the recovery, grieving, and coping processes are not more difficult than necessary. 

What About Punitive Damages in Social Media Harm Lawsuits?

What about punitive damages? Families are seeking punitive damages in social media harm lawsuits in some cases. While the damages discussed above (which are collectively referred to as “compensatory damages”) are generally available in all cases in which a lawsuit is justified, additional evidence is needed to substantiate a punitive damages claim. 

The specific requirements for seeking punitive damages vary between jurisdictions. Generally, however, courts require evidence of willful or wanton conduct. Did the social media companies engage in willful or wanton conduct by failing to disclose known mental health risks associated with their platforms? Maybe. At this point, there is at least some evidence to suggest that this may be the case. But this is still under investigation, and we have not yet seen any test cases go to trial. Additional information will come to light through the discovery process as well, and families’ lawyers can amend their claims to seek punitive damages if warranted (and if they do not seek punitive damages from the outset). 

Deciding Whether to File a Social Media Harm Lawsuit 

With all of these considerations in mind, when should parents consider filing a social media harm lawsuit? Again, every family’s circumstances are unique. While most of the lawsuits filed against Meta, Google, ByteDance, and Snap to date involve similar issues, determining whether a lawsuit is warranted requires a case-by-case analysis. 

For parents who are considering a social media harm lawsuit, the first step is to consult with a social media harm attorney. This should cost nothing, and parents who schedule an initial consultation should not feel any pressure to move forward. The purpose of an initial consultation is to allow you to begin making informed decisions. Once you have all of the information you need—including an accurate assessment of the damages your family may be entitled to recover—then you can decide whether it makes sense to pursue legal action.