Many clients don’t realize when they have a personal injury claim that insurance companies will be watching for their postings on social network sites such as Facebook, Twitter, etc. Insurance companies and defence counsel now regularly do ongoing searches to find Facebook accounts and Tweets that show pictures of or activities being conducted by Plaintiffs who claim disability. These photographs and/or descriptions of activities will be used to show a more positive side and contradict the Plaintiff as to their levels of disability. It is therefore imperative that all Plaintiffs or injured victims watch carefully what they put on their Facebook or other accounts and restrict access to the accounts to close friends. Insurance companies and defence counsel are also looking at the sites of friends who appear on these accounts as they are hoping that these friends will be posting pictures that will include the Plaintiff or show the level of activity of the Plaintiff or injured victim. Caution and discretion is required as anyone can have a photograph taken in a happy moment which can be used to portray malingering or over-exaggeration of an injury. You should always advise your counsel and show your counsel Facebook or other social accounts so that they can access the photographs that are on there.
Nicholson Gluckstein Lawyers