New Developments in Personal Injury Law in Canada

New Developments in Personal Injury Law in Canada

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Similar to any dynamic sector, the personal injury law and the insurance claims domains too have their own emerging trends. Staying up to date is very important on these trends because you never know which or how one trend might impact your personal injury claim.

Growth of Cyber SurveillanceToday, it’s far easier, cheaper, and more efficient to conduct an online surveillance compared to the conventional method of hiring private investigators who will stalk your target. Cyber surveillance looks at your social media accounts such as Twitter, Facebook, LinkedIn, Pintrest, and MySpace for starters. If you are running any blogs, belong to forums, these will also fall under the purview of cyber surveillance and can be used in a court.

Acceptance of Social Media Evidence

Increasingly more personal accident cases in Canada are beginning to turn to social media evidence. This has prompted lawyers to caution their potential clients to be extra vigilant regarding what they are posting online. In a recent case in British Columbia, the evidence gathered from Facebook factored heavily in swaying the decision of the judge. Tambosso testified before the court that she had been an active, vibrant woman but after a 2008 car accident, she suffered from depression and PTSD. These symptoms were further aggravated in 2010 following another collision. Robert Jenkins, the Judge said that though he had approached the evidence from Facebook with caution, the photos of Tambosso indicated she continued to attend social events and even after the accidents, Tambosso still maintained a social life that was “very active.” The Judge came to the conclusion that her injuries were exaggerated and only awarded her $36,000 in damages.

Rising Cases of Joint Liability

A notable trend is the way joint liability cases are increasingly becoming more common in Canada. These are cases where multiple parties are potentially being held liable for a personal injury. The damage awards are being subdivided according to the respective levels of liability of two or even more parties. Another growing trend is that of structured settlements where the damages are being paid out in instalments rather than in a lump sum amounts.

Psychological Injury Claims

The growing number of claims associated with psychological injury has been a wake-up call to the claims departments of insurance companies. Increasingly, more personal injury claims are now being accompanied by allegations of associated psychiatric or psychological impairment: stress, anxiety, and depression disorders. For instance, in Ontario, claims of psychological injury have significantly increased in the past one decade.


These days, different trends are being seen in the field of personal injury law. These emerging trends have the potential of influencing how lawyers and judges handle different cases of personal injury. Therefore, it makes great sense to stay abreast of what is trending and how your personal injury claim may be affected. It pays to be informed! More online resources are available at Claim Accident Services.

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