The Impact of Social Media Activity on Your Personal Injury Case
Social media has become an integral part of daily life, but its impact on personal injury cases in Ontario can be significant. While platforms like Facebook, Instagram, and Twitter allow people to stay connected, they also present potential pitfalls for individuals involved in personal injury claims. The content you post on social media can be used as evidence in your case, potentially influencing the outcome of your claim.
How Social Media Can Affect Your Personal Injury Case
When you file a personal injury claim in Ontario, you are essentially stating that you have suffered injuries due to someone else’s negligence and that these injuries have affected your ability to live your life as you did before. Insurance companies and defense lawyers are often eager to find evidence that contradicts your claims. One of the easiest places for them to look is your social media profiles.
Photos, status updates, check-ins, and comments that you post online can be taken out of context and used to suggest that your injuries are not as severe as you claim. For example, if you are claiming that an injury has limited your physical abilities, but you post a picture of yourself engaging in a physical activity, this could be used to undermine your case. Even seemingly innocuous posts can be misinterpreted and used against you.
Privacy Settings Are Not Foolproof
Many people assume that if their social media profiles are set to private, their posts cannot be accessed by insurance companies or opposing counsel. However, this is not always the case. In some instances, courts in Ontario have ordered plaintiffs to provide access to their social media accounts, particularly if there is reason to believe that the content is relevant to the case.
Furthermore, even if your privacy settings are robust, there is always a risk that a friend or follower might share your posts, making them accessible to a broader audience. Once content is online, it is challenging to control how it is disseminated.
Legal Precedents in Ontario
In Ontario, courts have recognized social media evidence as admissible in personal injury cases. For example, in the case of Leduc v. Roman (2009), the Ontario Superior Court of Justice held that a plaintiff’s social media content was relevant and ordered the production of the plaintiff’s Facebook profile, even though it was set to private. This case set a precedent for the use of social media as evidence in personal injury cases across the province.
Tips for Managing Your Social Media During a Personal Injury Case
Limit Your Activity: The safest approach is to limit or entirely avoid posting on social media while your personal injury case is ongoing. This minimizes the risk of posting something that could be used against you.
Adjust Privacy Settings: Ensure that your social media profiles are set to the highest privacy settings available. However, remember that privacy settings are not foolproof.
Be Mindful of Your Posts: Avoid posting about your injuries, medical appointments, or activities that could be interpreted as inconsistent with your injury claims. Even positive updates or photos can be misconstrued.
Monitor Tags: Ask friends and family not to tag you in posts or photos, especially those that could be taken out of context.
Consult Your Lawyer: Always consult with your personal injury lawyer about how to handle social media during your case. They can provide specific advice based on the details of your situation.
Social media can have a significant impact on the outcome of your personal injury case in Ontario. The content you post can be used as evidence to challenge your claims, potentially reducing the compensation you receive. By being cautious and consulting with a knowledgeable lawyer, you can protect yourself from the potential pitfalls of social media during your case.
If you or a loved one is pursuing a personal injury claim, the experienced lawyers at Hilborn and Konduros in Cambridge, Ontario, can provide the guidance and representation you need. Contact us today to discuss your case and ensure that your rights are protected throughout the process.
