Facebook, Social Media, and Personal Injury Claims

Posted on Monday, October 17, 2011 by Jamie Martin
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You are injured in a motor vehicle accident and suffer soft tissue and other injuries, and you miss time from work. In your statement to the adjuster and to the police, you have indicated that your injuries have severely restricted your activities and contributed to your wage loss. You then go on Facebook and discuss your social activities with your friends. Is the insurance company interested in this information? Are they entitled to receive it?

The insurance company will certainly be interested in reviewing any information on Facebook and other social media platforms. They will maintain it is important to assess the severity of your injuries and to assess your credibility. Courts across the country have recently concluded there is probative value in allowing this information to be provided to defence counsel. While the courts will give consideration to the privacy interests of individuals, clients should be aware there is a distinct probability that personal information contained on Facebook, MySpace, Twitter, LinkedIn, or other similar sites may be potentially relevant to their claim and may be disclosed as part of the litigation process. This information may then be used by defence counsel to cross examine an injured party concerning the credibility of their statements and representations previously made to others involved with the matter.

The emerging issue of social media disclosure to defence counsel is a topical legal issue. It has resulted in lawyers discussing this aspect of their claim very early in the process.

Individuals are encouraged to discuss this aspect of their case with their individual lawyer. Individuals should be cautious about their use of social media following an accident.

If you have been injured in a motor vehicle accident and you have questions or need help understanding your insurance and compensation rights, make the call to Roebothan McKay Marshall. We are here 24 hours a day, seven days a week. It will cost you absolutely nothing to speak with one of our experienced personal injury lawyers.