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How Social Media Can Affect Your Personal Injury Claim

Personal injury claim

The Superior Court of Ontario considers social media posts official documents under the Ontario Rules of Civil Procedure. In other words, your social media accounts can be used as evidence to potentially incriminate you in the court of law. That’s why it’s important to use social media responsibly, especially if you find yourself in a personal injury lawsuit. Here’s what you need to know.


The Kourtesis vs Jori case is a perfect example of how social media can be used against a plaintiff in a trial. In this case, the plaintiff, Ms. Kourtesis, was injured in a car accident. She claimed to have suffered significant neck and shoulder injuries as well as memory and concentration problems. As a result of these injuries, she said her social life had been ruined and wanted to receive damages for her pain and suffering and loss of enjoyment of life. However, in the middle of the trial, the defendant’s lawyer found pictures on Ms. Kourtesis’ Facebook account that showed her socializing with friends on St. Patrick’s Day three months before the trial. The court found that these pictures contradicted her allegations regarding her social life being ruined. Consequently, her claims for pain and suffering and loss of enjoyment of life were entirely dismissed.


If you’re in the midst of a personal injury trial, it’s best not to post anything personal on social media. If you absolutely must use social media, limit yourself to liking other people’s posts and sharing news articles. Here are a few additional tips to ensure your credibility doesn’t come into question if you ever find yourself in a personal injury trial: • Ensure all your social media profiles are set to private • Don’t accept any friend requests from people you don’t know • Don’t post anything about your lawsuit online Remember that once something is online it can be recovered, even after it’s deleted.


If you’ve been injured following a car accident or other incident, the experienced lawyers at Feifel Gualazzi can help you file a personal injury claim. We’ll help you get compensation for emotional and psychological injuries, as well as serious and catastrophic injuries. For a free consultation, or to learn more about our services, contact us today.


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