Posting on social media about an accident is a mistake - Diamond and Diamond Lawyers
  • Tuesday, 09 October 2018

Posting on social media about an accident is a mistake

#AskSimonDiamond

If it appears to you as though everyone you know is on social media, your perception has been confirmed by researchers at Ryerson University. Canadians who use the internet were asked about social media, and 94 percent of them confirmed they are on at least one of the many social media platforms. Facebook is the most popular platform with YouTube, LinkedIn and Twitter following right behind it. Social media offers a popular and convenient way to keep in touch with friends and relatives by sharing information about what is going on in your personal life and career, but too many people forget that it’s not only your friends and relatives looking at what you post on social media. The insurance company and the lawyer representing the party against whom you’ve filed a claim for personal injury compensation after a car accident also have access to those posts and could use them to defeat your claim.

Proving you are entitled to compensation as an injured accident victim

Obtaining compensation following an accident depends upon evidence of negligence on the part of another party. Proving negligence requires evidence of the following:

  • The other party owed you a duty to act in a reasonable manner.
  • There was a breach of the duty.
  • The breach of duty was the cause of the accident.
  • You suffered damages as a result of the accident.

What you post on social media can have a direct impact upon your personal injury lawyer’s ability to prove you suffered damages or harm due to the other party’s negligent conduct. For example, posts about how you feel after the accident or showing you engaging physical activities could conflict with a claim for lost earnings from being unable to work due to the injuries. Your posts could be available to lawyers for the opposing party through discovery.

Photos and other posts on social media may not tell the whole story

Sharing photos and comments about your day-to-day experiences with followers on Facebook and the other social media platforms have become such a routine part of most people’s daily routine that little thought is given to potential consequences. If you have been injured in a slip-and-fall accident through the negligence or careless conduct a store at which you were shopping, keep in mind that a vacation photo of you standing on a trail with mountains in the background could become evidence for the insurance company and store’s lawyers to prove you did not suffer a disabling injury.

Social media posts may not tell the whole story. The trail photo might have been taken only a short walk from the lodge at which you were staying, but now your personal injury lawyer must produce evidence to explain away the impression given by the picture posted on Facebook. The best way to avoid damaging your case or creating a situation requiring casting doubt on your claim to avoid posting anything on social media about your accident or that might be in conflict with your claim for compensation.

Protect yourself and your claim for compensation by refraining from the following with regard to your social media accounts:

  • Do not post anything about the accident, your injuries or information you exchange with your lawyer.
  • Decline friend requests from people you do not know.
  • Do not post photos on social media while your claim is pending.
  • Ask friends not to tag you on photos they post and to remove any tags that already exist.

When in doubt about something having to do with a social media platform, discuss it with your personal injury lawyer.

Ontario personal injury lawyers

The personal injury lawyers at Diamond & Diamond have years of experience successfully handling claims for compensation by people injured through the negligence of others. If you suffer an injury and need to file a claim, you should speak to one of our lawyers. Call the Diamond & Diamond 24/7 injury hotline at 1-800-567-HURT or visit our website to speak to someone now. We offer free consultations and case evaluations to injury victims throughout Ontario.

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