Social Media And What It Means For Your Personal Injury Claim

To post or not to post? For the vast majority of Canadians, social media is a part of our daily lives. We share intimate details, post photos, and generally broadcast our activities on a regular basis. It’s become a natural way to connect with others.

There are times when it might be better to stay quiet, though. If you’ve been injured and you’re seeking an insurance claim or compensation from a negligent party, what you post on social media can matter. It can even jeopardize your claim entirely.

Canadian case law has established that social media can play a role in determining the outcome of a personal injury suit. Even though it’s understood that images shared on these platforms are just a snapshot in time and don’t wholly represent the situation, recent decisions mean that your social media posts are very likely to be considered.

Insurance companies will also look at social media to investigate claims. They’ll use private investigators to try to discredit you and social media posts are easily accessible. This can impact both your accident and long-term disability benefits.

If you’ve sustained injuries, you may have a valid claim due to their impact on your quality or social enjoyment of life. Posting photos of yourself spending time with friends or participating in activities you enjoy, even if you were only briefly able to do so, may undermine your claim to compensation or benefits.

Nothing is private

Even the most private social media accounts can be used to discredit you. Courts have held that private profiles should be considered equally to public ones in personal injury determinations. That means that no matter what privacy settings you’re using, your social media accounts can be called into question in court proceedings.

You should always assume that anything you share will be seen by your insurance company and the defence lawyers, should your case go to court. If you aren't comfortable sharing something directly with them then you shouldn’t be sharing it on social media, either.

The best ways to protect yourself while pursuing a personal injury claim is to hire a lawyer who can prepare you and your case, and to stay off of social media.

Of course, most users won’t shut down their social media accounts entirely so it’s vital that you’re aware of how your posts could be used. If you’re filing a personal injury claim and wish to continue connecting using social media, we have a few tips to help minimize any negative impact on your case.

How to prevent your social media posts from affecting your claim

From the moment you’re injured, everything you post will likely be considered in relation to your claim. Even if you remove a post, it may have already been viewed by your insurance company or anyone else connected to your file.

It’s generally best to avoid posting photos to social media at all. You should also avoid being tagged in other people’s photos after your injury. Instead, opt to share images another way and only with trusted individuals.

Don’t accept new friend requests from people you don’t know. You may also want to remove contacts if they aren’t personal friends.

Never post about your lawsuit or share details about conversations you’ve had with your personal injury lawyer Edmonton.

Consider updating your privacy settings. It can help to limit the number of people who have access to your account, although as we’ve already stated, even the most ‘private’ social media accounts may be solicited in the course of court proceedings. Never assume that something you post will remain private.

On that note, avoid saying ‘never’. Claiming that you can never do something again is different from saying rarely or not often. This can enable the defence to poke holes in your claim that may not be entirely fair. For instance, it’s allowable to seek compensation if you used to love playing a sport but your injury limits your ability to do so, even if you could potentially participate in some limited capacity that’s captured in a shared image.

Your personal injury lawyer is on your side

Heeding this advice and exercising caution in what you post can minimize the impact social media has on your claim and avoid unnecessary complications. That way, your personal injury lawyer will be able to get you the compensation you deserve.

Since it’s easy to misconstrue what you post on social media, we always recommend that you use caution and restraint. But if you’ve been injured and wish to seek compensation, it’s essential that you do so. Contact a personal injury lawyer today who can represent you efficiently so that you can get back on your feet as soon as possible.