Beware of What You Post: Navigating Social Media Disclosure in Personal Injury Cases

At PMP Law, we understand that navigating a personal injury claim can be challenging, especially in today’s digital age where social media plays a significant role in our lives. What you post online can have a direct impact on your case, and it’s crucial to be mindful of how your social media activity may be used by insurance companies or opposing parties. In this blog post, we’ll explore the importance of social media disclosure in personal injury cases, highlight a recent Ontario court decision, and provide tips to protect your claim.

Social Media and Personal Injury Claims: What You Need to Know

Social media platforms like Facebook, Instagram, Twitter, and TikTok are often seen as personal spaces to share life updates, photos, and opinions. However, in the context of a personal injury claim, these platforms can become a source of evidence for the other side. Insurance companies and defense lawyers frequently scour social media profiles to find information that could undermine your claim.

For example, if you’ve claimed that your injury has left you unable to participate in physical activities, but you post photos of yourself hiking or playing sports, this could be used to dispute the severity of your injuries. Even seemingly innocent posts or comments can be taken out of context and used against you.

Recent Case Law: Mohamud v. Juskey, 2023 ONSC 4414

A recent Ontario court decision, Mohamud v. Juskey, 2023 ONSC 4414, provides important guidance on the extent to which plaintiffs’ social media accounts must be disclosed in personal injury cases.

The Facts of the Case

The plaintiff, Ms. Mohamud, was involved in a motor vehicle accident and claimed damages for injuries she suffered. During the litigation process, the defendant, Mr. Juskey, sought disclosure of the entire contents of Ms. Mohamud’s Facebook and Instagram accounts. Ms. Mohamud refused, arguing that her social media accounts contained private and personal information unrelated to the accident and that such a request was an unreasonable intrusion on her privacy.

The defendant, on the other hand, argued that the photos on Ms. Mohamud’s accounts could provide insight into her lifestyle and activities, which would be relevant to assessing the extent of her injuries and their impact on her daily life.

The Court’s Decision

After reviewing the public portions of Ms. Mohamud’s social media accounts, the court agreed that her private accounts likely contained post-accident photos depicting her ability to engage in various activities, making them relevant to the litigation. However, the court also held that a blanket request for access to all social media content would be overly invasive and infringe on her privacy rights.

The court ordered Ms. Mohamud to produce a complete list of photographs in her possession, control, or power—including those on her social media accounts—that were relevant to the issues in the case. Importantly, she was not required to disclose the entirety of her social media accounts.

Key Takeaway

Mohamud v. Juskey demonstrates that while social media content can be relevant in personal injury cases, defendants cannot demand unrestricted access to a plaintiff’s accounts. The defendant must provide a compelling argument as to why the requested content is directly related to the case. Mere speculation or “fishing expeditions” are not sufficient grounds for disclosure. Requests should be narrowed to specific timeframes, keywords, or types of content that are directly relevant to the issues at hand.

How Social Media Can Impact Your Case

Contradicting Your Claims: Posts, photos, or videos that appear to show you engaging in activities inconsistent with your claimed injuries can be used to argue that your injuries are not as severe as you’ve stated.
Timeline of Events: Social media posts can be used to establish a timeline of your activities, which may conflict with your account of the accident or your recovery process.
Emotional State: Posts about your mental or emotional state can be used to challenge claims for pain and suffering or emotional distress.

Tips for Protecting Your Claim

To minimize the risk of your social media activity negatively impacting your personal injury case, follow these guidelines:

Adjust Your Privacy Settings: Set your social media accounts to private to limit who can view your posts. However, keep in mind that even private posts can be subpoenaed in some cases.
Think Before You Post: Avoid posting anything related to your accident, injuries, or recovery. This includes photos, videos, comments, and even “check-ins” at locations.
Avoid Accepting New Friend Requests: Be cautious about accepting friend requests from people you don’t know, as they could be connected to the opposing party.
Ask Friends and Family to Be Mindful: Request that your loved ones avoid tagging you in posts or sharing information about your activities.

Final Thoughts

While social media is a valuable tool for staying connected, it’s important to be cautious about what you post during a personal injury claim. Even a single post can have significant consequences for your case. By being mindful of your online activity and working with an experienced personal injury lawyer, you can protect your claim and focus on your recovery.

If you have questions about how social media may impact your personal injury case, contact PMP Law today at 905-412-2288 or ppatel@pmplaw.ca - you can also visit www.pmplaw.ca for more information. Our team is here to provide the guidance and support you need to navigate not only your personal injury claim, but also this complex area of the law.