The Impact of Social Media on Personal Injury Claims in Ontario

October 10, 2024, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

In today's digital age, social media (Facebook, Snapchat, Instagram, Linkedin, TickTok Threads and more) has become an integral part of our daily lives. We use it to communicate with friends, family and business contacts. We rely on it to let people know how we are, where we are and what we are doing.

However, when it comes to personal injury claims in Ontario, what you post online can have significant consequences for your case. At Deutschmann Law, we've seen first hand how social media activity can impact the outcome of personal injury claims, and we want to help you understand the potential risks.

How Social Media Can Affect Your Claim

Insurance companies and defence lawyers often scour social media profiles for evidence that could contradict or undermine a plaintiff's claim. Even seemingly innocent posts can be taken out of context and used against you. For example:

• Photos of you engaging in physical activities could be used to argue that your injuries are less severe than claimed
• Check-ins at locations or events might be used to question the extent of your pain and suffering
• Posts about your daily activities could be interpreted as evidence that your quality of life hasn't been significantly impacted

Types of Social Media Evidence Used in Personal Injury Cases

• Photos and videos
• Status updates and comments
• Location check-ins
• Timestamps on posts
• Friends lists and interactions

Best Practices for Social Media Use During a Personal Injury Claim

1. Adjust Your Privacy Settings: Make all your social media accounts private, but remember that even private posts can potentially be accessed through legal means.
2. Think Before You Post: Consider how any post might be interpreted by someone looking to discredit your claim.
3. Avoid Discussing Your Case Online: Never post details about your accident, injuries, or legal proceedings on social media.
4. Be Cautious of Friend Requests: Don't accept friend requests from people you don't know, as they could be investigators working for the defence.
5. Ask Friends and Family to Respect Your Privacy: Request that your loved ones refrain from posting about you or tagging you in posts during your claim.
6. Consider a Social Media Hiatus: The safest option is to temporarily deactivate your accounts until your case is resolved.

The Legal Implications of Deleting Posts

While it might be tempting to delete potentially problematic posts, this action could be seen as spoliation of evidence. If you've already posted something you're concerned about, consult with your lawyer before taking any action.

Social Media and Surveillance

Insurance companies may use your social media activity as a starting point for more traditional forms of surveillance. A post about attending an event, for instance, might prompt them to conduct in-person surveillance at that location.

The Role of Your Lawyer

At Deutschmann Law, we advise our clients on social media best practices from the outset of their claim. We can help you:

• Review your current social media presence
• Develop a strategy for managing your online activity during the claim process
• Respond to any attempts by the defence to access your social media information

Case Study: The Consequences of Oversharing

Consider the case of an Ontario plaintiff who claimed severe back pain prevented them from working or enjoying hobbies. Their social media posts showing them participating in a charity run contradicted these claims, significantly reducing their settlement.

The Future of Social Media in Personal Injury Law

As social media continues to evolve, so too will its role in personal injury cases. We may see:

• Increased use of artificial intelligence to analyze social media data
• Greater emphasis on educating clients about digital footprints
• Potential changes in legislation regarding the use of social media evidence in court

Remember, while social media can pose risks to your personal injury claim, it's not inherently harmful. The key is to use it wisely and be aware of its potential impact on your case.

At Deutschmann Law, we're committed to protecting your rights and ensuring that your online presence doesn't undermine your claim. If you have questions about how to manage your social media during a personal injury case, don't hesitate to reach out. We're here to guide you through every aspect of your claim, including navigating the digital landscape.

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.