Tag: Claims

A large percentage of the world’s population now uses social media – whether we are sharing, tweeting or simply just spectating, this fast-growing phenomenon is becoming increasingly popular and in some cases has proven to dominate the way in which people communicate. With that being said, social media is now being used by more insurance defence lawyers with the intention of challenging personal injury claims. Photos, videos and commentary taken from social media accounts such as Facebook or Instagram, have the potential to damage a claimant’s case. Being aware of those risks and taking appropriate measures may help protect one’s credibility in a claim.

In Ontario, compensation can be sought for personal injuries caused by the assault or negligent actions of others. A personal injury claim may be crucial for obtaining compensation for things such as pain and suffering, loss of income and any out of pocket expenses for medical, self-care and assistance. Many of these cases however, often revolve around credibility. From the first notice of a potential claim, insurance companies search for information about the claimant. Typically, social media is the initial stop for the insurers and can be used to the detriment of the claimant. Additionally, an insurer will often conduct a search to gain insight into any claims the claimant may have pursued in the past.

The first suggestion a personal injury lawyer may tell you is to be conscientious of the information you share on the internet. That information may appear years later and could be used in ways you would have not necessarily thought of at the time. In fact, it would be safe to assume that whatever you share can be looked at by your employer; your employer’s clients; a banker looking to determine whether a loan to you is appropriate; and of course an insurer looking to assess the validity of a claim of a person advancing a personal injury lawsuit.

Avoiding social media altogether is the best way to avoid the possibility of information being used against you. If that is not possible, follow the tips below:

1. Wait until the conclusion of the claim before using social media.

2. If you must continue using social media, always have second thoughts about the content of your post: skydiving on vacation is probably not the best activity to demonstrate limitations and disability!

3. Ensure your social media pages are set to private and you only accept friend requests from people you know. With that being said, even with higher security settings, social media can still be accessible. Furthermore, there is case law in Ontario that suggests that private information meant for your family and friends is producible in a claim by court order. A master or judge may order production of your photos or comments and check-ins if the content is considered inconsistent with the claims advanced.

Social media is free surveillance that insurers are quick to capitalize on. Imagine a photo of a claimant raising a glass of alcohol in a toast at a party or concert despite the pain of a torn shoulder; or leaning in the hood of a car that is being repaired by a girlfriend (but it sure looks like the claimant is repairing his car); or a week before a trial a claimant’s fiancé posts a photo on an open Facebook account of her fiancé being pulled behind a boat on a parasail! These are actual situations that are taken out of context by insurers but can seriously damage a case.

Before making a personal injury claim, talk to a lawyer.

At Devry Smith Frank LLP, we understand personal injury law and endeavour to always ensure our clients receive the full compensation they deserve and are informed on how to maximize the chances of their case succeeding. To learn how we can help you, or to schedule a FREE consultation, contact experienced personal injury lawyer, Marc Spivak at marc.spivak@devrylaw.ca or 416-446-5855.

“This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”