The use of social media platforms has increased astronomically in the last ten years or so. Individuals use these platforms to connect with friends and family, share relevant news and life events, and post their day-to-day activities. While social media platforms can be positive and used for various good reasons, one should always be mindful of what they choose to share with the world.

This is especially true when it comes to individuals who have commenced legal proceedings against insurance companies. Insurance companies use a wide variety of methods to conduct surveillance when in the middle of litigation and fishing through social media accounts and activity is no exception.

This is not to say that individuals should not have any active profiles while being in the process of legal proceedings, but perhaps knowing someone else can view you profile should be something that is used as a reminder before hitting that “post” or “send” button.

An important question to ask oneself when choosing to share something online is whether or not they would be open to sharing this to the parties involved in the litigation. If it is something that one would prefer not to share, it is best that they keep that information private and to themselves. 

When it comes down to it, insurance companies will use any and all information available to them that will assist in creating the best possible defence argument. For example, if a Plaintiff claims they are severally injured and cannot walk due to an accident, posting a photo or video of them on vacation or completing a physical activity such as skiing, would not only discredit the injuries they have suffered and undermine their case, but it would greatly strengthen the arguments put forth by the insurance company. 

Although some posts will not clearly create a strong defence argument, insurance companies are still able to turn even the most harmless “comments” or “updates” into a scenario which paints a disapproving or harmful light for the Plaintiff. 

If an individual has commenced legal proceedings and is unsure whether or not they are undermining their case by the use of social media platforms, there are a few steps they can take including:

• Speaking to their legal representative about how their involvement in social media affects their case
• Maintain a more private profile that is only viewable by people who are known such as close friends and family
• Think twice before posting photos and videos or even simpler actions such as status updates and leaving comments
• Temporarily de-activating accounts until your case has ended 

Overall, it is best that individuals in the middle of litigation use social media as minimally as possible. Although it is a fun and exciting way to share one’s experiences and keep their circle connected, it can have a great impact on the outcome of their case. The litigation process is not an easy or short one, and more often than not, that one “post” is simply not worth the risk.