How Can Social Media Posts Affect the Outcome of Personal Injury Claims?

Last month, Aubrey was in a terrible car accident. She is currently undergoing physical therapy to cope with the injuries she sustained. Recently, Aubrey talked to a lawyer about her case and learned about the amount of damages to which she may be entitled by pursuing a civil claim. Then, Aubrey summarized her conversation in a Facebook post. Several friends and family members liked her post and left encouraging comments. What could be the harm?

In this situation, Aubrey was only looking for the support of the online community of friends and relatives she had fostered by regularly using social media. However, by doing so, she may have inadvertently jeopardized the outcome of her personal injury claim.

As of 2026, nearly 9 in 10 Canadians report using at least one social media platform every week, and Facebook remains the most commonly used site, followed by YouTube, Instagram, TikTok, X, and Reddit. That constant online activity means there is often a detailed public record of an injured person’s life before and after an accident. In Ontario personal injury cases, insurers and defence lawyers routinely review this digital trail and may try to use it to reduce or defeat a claim.

What Effect Do Social Media Posts Have on Personal Injury Cases?

When an injured accident victim is engaged in litigation, the other parties involved in the case will undoubtedly look them up online. Even during negotiations, before the injured party actively files a lawsuit, the other parties may search for them on social media to glean personal information that may be used to help their defence.

They may look for answers to questions such as:

• Does the plaintiff appear more active online than their medical reports suggest?
• Are there photos or videos that seem inconsistent with reported pain or physical limits?
• Do posts or comments suggest the plaintiff is still working when they have applied for income replacement benefits?
• Has the plaintiff posted negative comments about the defendant, insurer or witnesses?
• Has the plaintiff discussed their case strategy or shared confidential advice from their lawyer?

Any of these examples can be detrimental to a person’s personal injury claim. Information and media shared online can be misunderstood or taken out of context. Defendants may use the material to argue that the plaintiff is exaggerating their injuries or is less credible than they appear on paper.

Because of this, if you are involved in civil litigation, it is important to exercise caution and restraint when sharing personal information online and to speak with an experienced Toronto personal injury lawyer about how your online activity may affect your case.

Real World Examples: Social Media In Ontario Injury Cases

Canadian courts have been dealing with social media evidence for more than a decade. Several Ontario legal decisions show how posts, photos, and comments can affect a claim.

Isacov v. Schwartzberg, 2018 ONSC 5933

A pedestrian alleged serious and permanent injuries after a car ran over her foot. However, Instagram photos obtained from a friend’s account showed her on a dance floor in high heels. The court ordered her to produce photos from her Facebook and Instagram accounts for several years, noting that in the current technological environment, relevant social media data should be included in each party’s affidavit of documents.

Mudinger v. Ashton, 2020 ONSC 2024

Social media photos and videos of the plaintiff at social events and concerts were used to cast doubt on claims that her physical and social activities were significantly limited after a motor vehicle accident.

Smith v. Jarnell, 2020 ONSC 6433

Defendants sought posts and photos from Facebook, Instagram and Snapchat to challenge the seriousness of alleged permanent injuries. The court considered the relevance of posts showing trips and activities when compared with the plaintiff’s examination for discovery evidence.

Moretto v. Nicolini-Femia, 2017 ONSC 3945

Social media “selfies” were used to argue that a facial scar had not affected the plaintiff’s self-esteem to the extent claimed, reducing the weight of the psychological injury evidence.

At the same time, Ontario courts require social media evidence to be properly authenticated and disclosed. In the Ontario Court of Appeal decision Nemchin v. Green, Facebook posts that the defence wanted to rely on were excluded because of disclosure and fairness issues, illustrating that courts will not automatically accept every screenshot that appears online.

These cases show two key trends:

1. Courts are prepared to treat relevant social media posts like any other type of evidence, even when accounts are private.
2. Courts expect parties to follow proper evidentiary rules when collecting and using online content.

Can “Private” Accounts Still Be Used Against You?

Many injured people assume that if their accounts are set to “private,” they are safe. Unfortunately, privacy settings are not a complete shield. Courts have ordered plaintiffs to produce private photos and posts when they appear relevant to issues such as physical limitations, enjoyment of life, or emotional injury.

In addition, friends and family can screenshot and share content, even from private stories. This evidence can then be given to insurers or defence lawyers. Tagging, check-ins, and comments on other people’s posts can also create a separate trail of information that you do not fully control.

Once you start a lawsuit, you should assume that relevant social media content may need to be disclosed, even from private accounts. Because of this, you should never assume that using “Close Friends,” disappearing stories, or private accounts will keep your social media posts or content out of court.

Best Practices For Social Media Use

If you were involved in a motor vehicle collision or sustained injuries in another kind of accident caused by another party’s negligence, it might be prudent to use caution and restraint on social media platforms. This is true even if you are not yet certain about pursuing a claim.

For active social media users, it can be difficult to stop sharing photos, videos, or personal updates online. That said, if you feel the need to continue using social media after sustaining injuries in an accident, staying mindful about what type of media you share with others may be helpful to the health of your claim.

By taking a moment to consider whether each new post you create could be misinterpreted, purposely misconstrued, or taken out of context to undermine your claim, injured accident victims can craft a more considered attitude to the information they share online.

Updating privacy settings, removing friends or followers with whom you do not have a personal relationship, and considering what you share from different perspectives may also be effective solutions. However, ultimately, the only way to truly ensure that information or media shared online will not be used against you is to stop using social media altogether.

Contact Preszler Injury Lawyers for Legal Help Today

Accidents that cause serious injuries can be traumatic. Injured accident victims often endure emotional stress, physical pain, difficulties completing daily tasks, and an inability to return to work.

Our personal injury lawyers at Preszler Injury Lawyers are devoted to helping our clients recover the financial compensation they deserve. To discuss your case with our Ontario personal injury team, contact us today to schedule a free initial consultation.

We’re here to help.