From Tweets to Trials: Navigating the Legal Labyrinth of Social Media
In an age where connectivity is paramount, social media has become an integral part of our daily lives. From sharing life updates to seeking advice, people turn to platforms like Facebook, Instagram, X (formerly Twitter) and TikTok to express themselves. However, the prevalence of social media has also introduced a new dimension to litigation, particularly in personal injury cases. While social media can foster connections and support networks, it can also have unintended consequences in the context of personal injury claims.
Insurance companies and legal teams often employ social media investigators to gather information that can be used in personal injury cases. These investigators scrutinize an individual's online presence to uncover any inconsistencies with their claims. From status updates and location check-ins to photos and comments, these digital detectives leave no stone unturned.
Privacy & Publicity
One of the challenges in navigating social media in personal injury cases is the blurred line between privacy and publicity. Many individuals may not fully grasp the public nature of their online presence. What seems like a private conversation or photo shared with friends can potentially be accessed by opposing parties during legal proceedings. Courts have increasingly recognized the relevance of social media content as evidence, even if the user has implemented privacy settings.
Consider a scenario where a plaintiff pursuing a personal injury claim from a motor vehicle accident posts pictures on Instagram. These pictures showed them engaging in physical activities seemingly contradicting their injuries. Such posts can be used as evidence by the opposing party to challenge the credibility of the plaintiff's case. This was seen in the case of Isacov v. Schwartzberg, 2018 ONSC 5933, where the photos of the plaintiff posted on her social media depicted her engaged in activities she claimed she was incapable of doing due to her injuries.
As such, plaintiffs should be mindful of the potential for their social media activity to be scrutinized from all sides. Plaintiffs should avoid accepting friend requests from unknown individuals and posting anything that could be misconstrued or used against them.
The admissibility of social media content as evidence in personal injury cases has been a subject of legal debate. Courts have varied in their approach, with some admitting social media posts as evidence while others scrutinize the authenticity and relevance of such content. In Mohamud v. Juskey, 2023 ONSC 4414, Justice Boswell outlined that the "assessment of relevance is usually straightforward… with a very low threshold" and that "evidence is relevant if, as a matter of logic and human experience, it renders a fact in issue more or less likely than it would be without the evidence." While the assessment of relevance is a low threshold, there must be actual evidence of relevance.
Takeaways:
Given the potential impact of social media on personal injury cases, individuals can take proactive steps to protect their legal interests.
Think twice before you post. It is advisable to refrain from discussing details of the case on social media. Sharing information about ongoing legal proceedings or making statements that could be misconstrued may jeopardize the case's outcome. Additionally, individuals should review and adjust their privacy settings to limit access to their social media content.
Keep photos or videos related to your case. If you think there are posts, pictures or videos related to your case, saving and documenting them is crucial. These posts may give a glimpse of an individual life before the accident and their impairments.
Do not delete or alter your posts. Plaintiffs in personal injury cases should be aware that deleting or altering social media content amid litigation may have adverse consequences, as courts may view such actions as an attempt to manipulate evidence.
As social media continues to permeate every facet of our lives, its influence on legal proceedings, including personal injury cases, cannot be ignored. The power of a tweet, a photo, or a status update should not be underestimated, as these digital breadcrumbs can significantly impact the outcome of a case.
To navigate the digital minefield, individuals involved in personal injury litigation must exercise caution, be aware of the potential consequences of their online activity, and seek guidance from legal professionals. By understanding the intricacies of social media in the legal context, individuals can protect their interests and ensure a fair and just resolution to their personal injury cases.
