Social Media and Personal Injury Claims: What You Need to Know to Protect Your Case

August 02, 2024, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

In today's digital age, social media has become an integral part of our daily lives. However, when it comes to personal injury claims, what you post online can have a significant impact on your case. At Deutschmann Law, we've seen how social media activity can make or break a personal injury claim, and we want to ensure our clients are well-informed about the potential risks.

First and foremost, it's crucial to understand that insurance companies and defense attorneys are increasingly using social media as a tool to investigate claims. They may scour your profiles for any information that could contradict your injury claims or suggest that your injuries are less severe than reported.

Here are some key points to keep in mind about social media and personal injury claims:

1. Everything can be discoverable: Even if your profiles are set to private, courts may order you to provide access to your social media accounts as part of the discovery process. Deleted posts can often be recovered, so it's best to assume that anything you've ever posted could potentially be used in your case.

2. Photos can be misleading: A simple photo of you smiling at a family gathering could be used to argue that you're not suffering as much as you claim. Even if the photo was taken before your injury or on a rare "good day," it could be taken out of context.

3. Check-ins can contradict your claims: Location tags and check-ins can be used to track your activities. If you claim to be severely injured but are checking in at a gym or a dance club, it could seriously undermine your case.

4. Comments from friends can hurt your case: Even if you're careful about what you post, comments from friends or family members could inadvertently reveal information that contradicts your claim.

5. Discussing your case online is never a good idea: Avoid talking about your accident, injuries, or legal proceedings on social media. Even seemingly innocent comments could be misconstrued or used against you.

To protect your personal injury claim, we recommend the following steps:

1. Adjust your privacy settings: Make all your social media profiles private and be cautious about accepting new friend requests during your case.

2. Think before you post: Consider how each post could be interpreted if it were presented in court. When in doubt, don't post.

3. Inform friends and family: Ask your loved ones to refrain from posting about you or your case on their social media accounts.

4. Consider a social media hiatus: The safest option is to temporarily deactivate your social media accounts until your case is resolved.

5. Be honest with your lawyer: If you've posted something that could potentially impact your case, inform your attorney immediately. It's better for them to be prepared than to be caught off guard.

It's important to note that while social media can pose risks to your case, it can also sometimes provide valuable evidence. For instance, if the at-fault party in your accident posts incriminating information online, it could strengthen your claim. Your attorney can advise you on how to properly preserve such evidence.

At Deutschmann Law, we understand the complexities of personal injury cases in the digital age. We work diligently to protect our clients' interests, both online and offline. If you're unsure about your social media activity and how it might affect your case, don't hesitate to reach out to us for guidance.

Remember, the goal is to present an honest and accurate representation of your injuries and their impact on your life. By being mindful of your social media presence, you can help ensure that your online activity supports, rather than undermines, your personal injury claim.

In conclusion, while social media has become a normal part of our lives, it's crucial to exercise caution when involved in a personal injury claim. By following these guidelines and working closely with your attorney, you can help protect your case and increase your chances of a favorable outcome.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.