Impact of Social Media in Personal Injury Cases

Although it was recently announced that Facebook has expanded to over 500 million users, many of those users are unaware of the impact their Facebook profile could play in the context of a personal injury lawsuit.

When an injured person starts a lawsuit, he or she will be obligated to provide evidence about the state of their health prior to the incident which resulted in the injury. This typically means that they will have to provide their medical records for several years beforehand, and could extend to photographs of themselves.

In recent years, the courts have considered whether the information and photographs which are posted on Facebook must be disclosed as well, as evidence of the injured person’s pre- and post-incident health. It is now clear that in many situations, the injured person will be obligated to provide the contents of their Facebook account.

In a recent decision, a New Brunswick judge ordered the Plaintiff’s lawyer to arrange for his client to attend a secret meeting, where the Plaintiff would have to download her Facebook page so that it could be used against her in the lawsuit.

Given the increase in court orders requiring disclosure of Facebook accounts, it is vital that plaintiffs in personal injury cases are mindful of what information or photographs they post on Facebook (or, indeed, any other social media site), as it could be harmful to their case.

Cale Harrison

Associate

Tierney Stauffer LLP

This article is provided as an information resource and is not intended to replace advice from a quaified legal professional and should not be relied upon to make decisions. In all cases, contact your legal professional for advice on any matter referenced in this document before making decisions.