The Use of Social Media in Personal Injury Cases Increasingly Shapes Damage Assessments

November 27, 2025, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Social media is no longer a peripheral detail in Ontario personal injury litigation. For both plaintiffs and defendants, the digital breadcrumb trail left on platforms like Facebook, Instagram, TikTok, X, and LinkedIn is increasingly shaping causation, credibility, and damages assessments. As Ontario courts and counsel become more fluent in electronic discovery and OSINT (open-source intelligence), social media has moved from a curiosity to a core strategic asset in personal injury claims.

How plaintiffs are using social media

1. Credibility and degree of impairment. Plaintiffs often claim significant pain and limited function. Social media posts can reveal activities that appear inconsistent with those claims, such as attending social events, traveling, or engaging in physical activities. While not determinative on its own, these posts can undermine allegations of total or ongoing incapacity if they show capacity for substantial activity.
2. Timeline and causation. Posts and check-ins can help corroborate timing of injuries and recovery milestones. For example, a post celebrating a family trip shortly after an alleged worsening of symptoms could raise questions about the perceived impact of the injury at that moment.
3. Pre-existing conditions and lifestyle. Public content may illuminate prior or concurrent conditions, activity levels, or risk factors that bear on causation or the scope of damages (including loss of income and future care needs). This information can help refine what damages are reasonably attributable to the accident versus other factors.
4. Rehabilitation and treatment. Posts about surgeries, rehab milestones, or therapeutic progress can contextualize claimed prognoses. Conversely, evidence of inconsistent treatment or rapid improvement can dampen claims for long-term impairment.
5. Privacy and preservation. Because social media content can be deleted or altered, plaintiffs and their counsel must implement litigation holds early and preserve relevant material. Ephemeral content (stories, short videos) can vanish quickly, so timely collection matters.

How defence teams are using social media

1. Damage minimization and verification. Defence teams routinely search for posts that contradict claimed levels of pain or disability, or that suggest the claimant is capable of activities inconsistent with alleged restrictions. This includes posts about travel, sports, or social engagements.
2. Pre-incident and post-incident comparisons. Social content can help illuminate a claimant’s lifestyle before the accident and subsequent changes after it, informing negligence, causation, and the extent of loss.
3. Economic damages and earnings. Evidence of ongoing employment, freelance work, or other income streams can complicate claims for lost earnings or future care needs. Posts and profiles can reveal such income sources and schedules.
4. Surveillance and OSINT. Beyond standard discovery, defence teams increasingly rely on OSINT to map routine activities, associations, and routines. While surveillance remains a separate tool, social media often provides a cost-effective first pass to target areas for more in-depth investigation.
5. Ethics and admissibility. Defenders must ensure any social media evidence is properly authenticated, relevant, and not unduly prejudicial. Canadian and Ontario evidentiary rules require careful balancing of probative value against potential prejudice, and content should be obtained lawfully and ethically.

Practical considerations for Ontario practitioners

1. Early preservation and disclosure planning. Issue litigation holds to preserve social media content likely to be relevant. Coordinate with IT/compliance teams to ensure preservation across platforms.
2. Discovery and production. Ontario Rules of Civil Procedure require disclosure of documents, including electronically stored information. Social media content, posts, comments, and related metadata can be subject to production requests and court orders.
3. Authentication and context. Social media evidence is most persuasive when properly authenticated and understood in context. Obtain screenshots, capture metadata where possible, and consider expert input on how platform features (privacy settings, edits, deletions) affect reliability.
4. Privacy, consent, and misuse risks. Public posts are generally accessible, but private messages and restricted profiles may require court orders. Avoid misinterpretation or misrepresentation of content, and respect privacy expectations and ethical boundaries.
5. Litigation planning. Build a cohesive strategy that considers when social media evidence might be most impactful (e.g., pre-trial motions to admit evidence, or during cross-examination). Budget for forensic review and data handling to ensure chain-of-custody integrity.

What this means for Ontario personal injury practice

Social media is increasingly a two-edged sword: it can support a plaintiff’s narrative or substantially undermine it. For both sides, the strategic value lies in timely preservation, disciplined collection, and rigorous interpretation of digital content within Ontario’s evidentiary framework. Courts are more receptive than ever to socially sourced evidence, provided it is authenticated and proportionate to the issues at stake.

If you’re a practitioner, start by incorporating social media considerations into your intake, discovery plans, and damages assessments. Advise clients on the importance of not posting content that could be seen as inconsistent with recovery claims, and invest in OSINT capabilities or trusted forensic partners to collect and analyze material responsibly. As social platforms continue to evolve, so too will their role in shaping outcomes in Ontario personal injury claims.

Note: This overview is for informational purposes and does not constitute legal advice. For case-specific guidance, consult a qualified Ontario plaintiff or defence lawyer familiar with current rules on disclosure, e-discovery, and evidence.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.