Social Media In Personal Injury Claims And Litigation

March 20, 2020

Social media is part of daily life for most Canadians. Platforms like Facebook, Instagram, X (Twitter), and LinkedIn are where we connect, share updates, and document life events. According to the Social Media Lab at Ryerson University, in 2017, approximately 94% of online Canadians are on at least one social platform (1), and the Canadian Internet Registration Authority reports that approximately 61% percent of Canadian’s engage on social media every single day. (2) From sharing milestones to posting weekend photos, it’s second nature to stay connected online.

But when you’re involved in a personal injury claim, what you post can have unexpected consequences. At Braithwaite Boyle, we’ve seen how a single post can affect the outcome of a claim. Understanding how social media plays a role in personal injury litigation can help you protect yourself and your case.

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Does Social Media Content Count As Evidence?

Almost as dramatic as the growth that social media has seen over recent years is the changing ways that the average Canadian interacts with their social media accounts. Gone are the days of using social media for only posting pictures of your dog and your dinner (…well, almost gone). Social media has now become one of the primary providers and drivers of our societal values, news, and culture. Four out of five Canadians report that they keep up to date with current events through social media sites like Facebook, LinkedIn, and Twitter. (3)

However, there is one major use of social media that most individuals are not aware of: the potential that your posts could be used against you in the litigation process.

The Internet Doesn’t Forget…Even if You Did

Remember that time you went for a run and posted about beating your best time? Or that beautifully refreshing hike in the mountains after you heard from your personal injury lawyer that your claim was ready to be filed?

You might not remember…but the internet does, and you can be certain that the insurance company defending the at-fault party in your claim does as well. Social media posts can tell a story, even if that story isn’t accurate. Photos, check-ins, and comments about your daily life can be used to suggest that your injuries aren’t as serious as you’ve described.

Canadian courts have made it clear that social media content can be used as evidence. Posts are often introduced at questioning or trial for personal injury cases to challenge claims related to loss of enjoyment of life or limitations on your ability to work.

Once something is online, it’s effectively permanent. Even if you delete it, screenshots or archived versions can still be retrieved and presented in court.

“Private” Social Media Accounts Aren’t Really Private

Many people believe that privacy settings protect them. Unfortunately, that isn’t the case.
In Leduc v. Roman, the Ontario Superior Court of Justice made an order permitting the defendant to cross-examine a plaintiff in a motor vehicle accident suit regarding the contents of his private Facebook account. The court reasoned that a private social media profile setting would not shield the social media account user from the requirement to provide all relevant disclosure, even if that content was posted to a private account.

This precedent-setting decision implies that in a world of interconnectedness, there is no such thing as a “private” social media account. As we live in a culture where oversharing and even exaggerating are prevalent on social media platforms, it is important that each individual thinks carefully before posting something online.

Even innocent-looking posts can compromise your claim. A photo at a family barbecue could be used to argue that your injuries aren’t limiting your lifestyle, even when that moment doesn’t reflect your daily pain or recovery challenges.

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How Social Media Can Affect Your Compensation

In motor vehicle accident or soft tissue injury claims, insurers may review your social media to look for inconsistencies between your statements and your online activity.

Examples include:

Photos showing physical activity after an injury
Posts about travel or events while claiming limitations
Comments that downplay pain or recovery challenges

These examples can be misleading yet powerful in court. Even a single image taken out of context can reduce your settlement.

When You’re Under a Microscope, Get Support From a Personal Injury Lawyer

Personal injury claims can be overwhelming, as medical appointments, paperwork, and recovery all take time. Adding the stress of online scrutiny only makes things harder! At Braithwaite Boyle, we help Albertans navigate the legal process with confidence and care. Our team of accident injury lawyers manages the details so you can focus on healing and not worry about how a photo or post might be used against you.
Book a free consultation with a personal injury lawyer from Braithwaite Boyle today to protect your case and move forward with confidence.

Speak With a Personal Injury Lawyer in Alberta

Your social media presence shouldn’t jeopardize your right to fair compensation. If you’ve been injured in an accident in Edmonton, Calgary, or Red Deer, reach out before you post anything that could affect your case.

Contact our team of accident injury lawyers at Braithwaite Boyle today for a free consultation. We’ll review your situation, explain your options, and guide you every step of the way through your personal injury claim.