Kris’s Comments

• Jan 13th, 2015 @ 6:07pm

  Case by Case Basis

  on Court Says Personal Injury Plaintiff Has To Give Defendant Access To Facebook & Myspace Info
  As someone who has worked for both plaintiff and insurance defence (In Canada and Australia), I would argue that it wholly depends on each case.
  
  In this story, the woman was said to be on Facebook, "smiling happily in a photograph outside the confines of her home despite her claim that she ... is largely confined to her house and bed."
  
  But there may always be more to the story that an insurance company may miss. What if there's advice from the doctor to try and do the best she can? There are many instances where people may have bad and good days. It is not reasonable to expect that someone who has been injured will always be on the verge of suicide because they can never be happy. Consideration of the medical evidence is something that is not really given in this article.
  
  I also think that consideration should also be made to the claim itself. In this case, drafting the statement of claim to incorporate more specific terms of her limitations may have been appropriate (again, with reference to the medical evidence)
  
  On a personal note, I am never a supporter of any entity that seeks to witch hunt through my personal information just to find something that sticks.
  
  Understandably so, I find that a lot of people tend to be emotional when it comes to matters such as this and that is why it is important to be wary of what they say. Sometimes people may exaggerate or miscommunicate something just out of an explosion of feeling.
  
  This was a good article.