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Can Your Social Media Posts Be Used Against You in Your Personal Injury Claim?

September 14, 2021

Social media posts can be used against you in your personal injury claim. Once you start a personal injury action, the defendant—usually an insurance company backed by a team of adjusters, investigators, and resources—will hunt for any evidence to cast doubt on your claim. Photos, videos, and comments posted to your social media accounts may be relied on by the defendant to show that you were not seriously injured. Experienced personal injury lawyers know how to push back against that evidence.

How Social Media Posts Can Be Used Against You

Regardless of how you were injured (e.g. car accident, slip and fall accident) to succeed in your claim, you will need to prove the type of injuries you sustained and how the injuries are impacting your life. For example, your personal injury claim may be that the whiplash and concussion you sustained as a result of an accident left you unable to maintain an active lifestyle without pain and discomfort. The defendant will rely on social media posts showing you engaged in physical activities (e.g., going for a hike, playing sports) to discredit your claim. The defendant will argue that the social media posts prove that you were not seriously injured, or that your injuries are not having a negative impact on your abilities or lifestyle as claimed. To fight back, you should hire an experienced personal injury lawyer.

How to Challenge Social Media Posts

The use of social media posts in personal injury lawsuits can be challenged in many ways. In addition to challenging its admissibility as evidence, experienced PI lawyers know how to use social media evidence to rigorously cross-examine defence witnesses and experts. Top lawyers are also skilled at minimizing the weight given to social media evidence. This is done first by presenting a compelling case on your behalf, and second, by arguing that social media posts are of limited usefulness. A photo is simply a snapshot in time; it does not disprove that you also had many times when you declined to participate in activities or felt significant pain after trying to engage in activities. Your physician may have encouraged you to stay as active as you could. No Facebook or Instagram post can paint the full picture of your life. The fact may be that you are able to do some things you did previously, but in a more limited way, and that you do not have the stamina for activities that you had before due to the limitations from your injuries.

Get Legal Advice from Our Experienced Personal Injury Lawyers

After an accident–particularly one that caused a serious injury–it is important to choose a good PI lawyer to advance your claim. The team at Simpson Thomas & Associates, does its utmost to serve our clients, and we strive to obtain the best possible results, whether it means negotiating a settlement or going to trial. Call us at 604 689 8888 or fill out our online consultation form to request a free legal consultation. We serve clients throughout the Lower Mainland and the rest of BC.

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