HOW MUCH PRIVACY WILL I LOSE BY MAKING A PERSONAL INJURY CLAIM

Privacy is important, and now more than ever, big companies are finding ways to exploit our privacy at the expense of larger profits and more effective advertising schemes. Unfortunately, by advancing a personal injury claim, you are signing up for a certain amount of your privacy to be exposed.

That said, a personal injury case is not a blank cheque for the other side to examine every corner of your life. The law generally aims to strike a balance: the defence is entitled to information that is truly relevant to the issues in dispute, while you still retain privacy rights and protections.

A knowledgeable lawyer can help keep requests proportional, focused, and fair.

YOUR VARIOUS RECORDS MAY BE PRODUCED

Usually, there will be an insurance company on the other side of a personal injury claim. That insurance company will have an adjuster on the file, and once a formal claim is commenced, they will likely retain their own lawyer.

At the outset of the claim, once the other side is put on notice, they will request that you either sign a consent, or produce such items as your family doctor records, employment records, income tax returns, and other documents that will help them understand the exposure your claim imposes on them, as well as the ability to try and defend your claim as best they can.

Your pre-accident health status, along with some other aspects of your life, such as employment, the defence will likely have the right to know.

What “relevant” usually means in an injury claim

In personal injury law, the defence is typically trying to understand (1) what your baseline was before the incident, (2) what changed after the incident, and (3) how those changes affect your work, income, daily function, and quality of life.

Whether your accident involved a motor vehicle, a fall, or a pedestrian impact, the core question is often the same: what injury occurred, what treatment is required, and what losses flow from it.

Limits still matter

Not every request is automatically appropriate. In many files, the defence will ask for broad categories of records “just in case.”

Your lawyer’s job is to ensure the production makes sense for your particular personal injury case, and to push back where requests are excessive, duplicative, or have little to do with the injuries being claimed. When disputes arise, courts can be asked to decide what must be produced and what does not.

Confidentiality and practical protections

Even when records are produced, the process is usually controlled. Documents are typically exchanged between lawyers and used for the purpose of the litigation. Where necessary, your lawyer can take steps to safeguard sensitive material and ensure that only what is needed is shared, and in an appropriate way.

That is one of the most important reasons to retain counsel early in an injury law matter: you want someone whose sole job is to protect your interests while moving your claim forward.

YOU MAY HAVE TO ATTEND AN EXAMINATION FOR DISCOVERIES

Examination for discoveries is similar to what you commonly might see in the movies or on TV, when the defendant gets to question the plaintiff while being recorded. This usually will happen once the formal claims process is initiated, if your case does not happen to settle beforehand.

During this process, the other side will generally ask your lawyer to produce a number of documents and records to try to build a case against you. Your lawyer will be present during this process and should inform you in greater detail of the process and protect your rights along the way.

What the defence is trying to learn

Discoveries often focus on the timeline: what happened at the incident, what symptoms you noticed and when, what treatment you pursued, and how your day-to-day life changed. The defence may also ask about your work history, prior injuries, and the activities you can and cannot do now.

In short, they are probing for inconsistencies and looking for anything that might help them reduce the value of a claim.

Preparation is not optional.

For many people, discoveries feel personal. A claimant is asked questions about their health, their routines, and sometimes difficult life events.

Proper preparation matters. Your lawyer will review the file with you, help you understand the types of questions that may be asked, and ensure you are ready to answer honestly and clearly, without guessing or overstating.

Your lawyer will also object when questions go too far, and will keep the process fair and on track.

Surveillance can become an issue.

In some cases, the defence may also look beyond paperwork and testimony by using surveillance. This can take different forms, and it is often aimed at comparing what is being claimed with what is observed.

If surveillance becomes relevant, your lawyer can help you understand what may be permissible, what must be disclosed, and how to respond appropriately. The key is to remember that your claim should always reflect your real limitations and real recovery, including the good days and the bad days.

SOCIAL MEDIA PROFILES

Social media profiles are often a target for the defence. Social media has become more widespread than ever, with statistics showing that billions of people use it throughout the world. In Canada and other first-world countries, almost ninety percent of the population uses the internet, and over half of that have at least one social media account.

While social media can help people stay connected, it can also be detrimental to an individual’s claim when posts and images are taken out of context. Insurance companies and the defence will try to use social media to their advantage.

Social media posts can become evidence in court. Since your case is likely not going to go to trial, it can still be used against you when it goes to trial to resolve the claim. For instance, if you have claimed emotional trauma from an accident, but are seen socializing often, it could be used by the defence as an attempt to cast doubt on your claims.

The same can be said about physical injuries, and partaking in strenuous activities such as sports or renovations of your home. It therefore becomes very important to be honest and forthright with your lawyer about what you can and cannot do. The takeaway is that it is very important to be careful what you post on social media.

Private accounts are not always “private” in a lawsuit.

Many people assume that if their profile is locked down, it is off-limits. In reality, the question is often relevant. Courts may allow access to certain posts if the defence can show there is a legitimate connection to the issues in the case.

That is why it is wise to review your privacy settings, but also to understand that privacy tools are not a guarantee that nothing will be scrutinized.

Do not “clean up” your accounts.

After an accident, it can be tempting to delete posts, hide photos, or change your online footprint. Be cautious. In an injury lawsuit, steps taken to remove information can create unnecessary allegations and complications.

A much safer approach is to speak to your lawyer first and follow their advice. Being upfront allows your counsel to anticipate issues and respond properly if the defence tries to use online content to discredit you.

Surveillance and social media often work together.

Defence strategies are not limited to screenshots. In some files, they may combine social media with surveillance in an effort to build a narrative about what you can do. This is where context matters.

A single moment captured on video or a single photo can be misleading, especially when pain fluctuates, or a person forces themselves through an activity and pays for it later. If you are dealing with limitations around physical activities, be candid with your lawyer so your medical evidence and your real-world experience are accurately presented.

Often, social media accounts distort reality, and what may seem like a very social and glamorous life on Facebook, in reality, may not tell the true story. In most cases, injured victims may even look like they are having fun and the time of their lives, when in reality they are grimacing in pain until it comes time to smile for a photo.

A practical rule while your claim is ongoing

If you do not want a post read aloud in a courtroom, do not publish it. That includes jokes, exaggerations, “brave face” updates, or posting anything that could be misunderstood without the backstory.

Your lawyer can guide you on how to protect yourself without isolating you from your support network. In Ontario courts, access to an injured party’s social media account will generally be permitted if the defence can show that it is relevant to proving the case.

Courts will try to balance an individual’s right to privacy with the reasonableness of the request, and how important the information is to a fair presentation of the facts.

AN EXPERIENCED PERSONAL INJURY LAWYER CAN HELP

If you or a loved one has been injured at the fault of some other party, you should contact an experienced personal injury lawyer to provide you with sound legal advice on your privacy rights and what to expect in the claims process.

Contact our office now for a free, no-obligation consultation. Bernstein Law Group represents injured Ontarians with a careful, client-first approach: we explain the process in plain language, anticipate defence tactics, and work to keep requests for private information focused on what is truly necessary for a fair outcome.

If you are considering a claim and want straightforward advice on what will be requested, how records are handled, and how privacy concerns can be addressed, we are here to help in Milton, Oakville, Dundas, Brantford, Stoney Creek, Burlington, Ancaster, and Cayuga.