When it comes to personal injury cases, evidence plays a vital role. Evidence includes things like medical records, witness statements, and expert opinions. But there are other forms of evidence that are not commonly known — and they can work against those who are dishonest.
If you’re injured in a car accident, slip or fall incident, dog bite, or something else, it’s essential to understand that insurance companies are increasingly using surveillance evidence. You won’t have anything to worry about if you’re honest and don’t lie or exaggerate the extent of your injuries.
Hiring a personal injury lawyer is one way to get the guidance you need for a successful claim. Your legal professional will build a solid case — one based on facts rather than on untruths.
Here are seven essential things to know about surveillance evidence and personal injury cases.
1. Surveillance Is Often Conducted by Insurance Companies
During personal injury claims, insurance companies often hire private investigators to conduct surveillance on victims. Private investigators gather evidence on people in public places and can monitor and record activity that may contradict any claims made by victims.
Surveillance is often conducted if injuries are severe, if injuries are prolonged, or if there are any claims of disabilities.
2. Surveillance Typically Occurs in Public Spaces
One of the most essential things to know about surveillance evidence is that this is often conducted in places where people don’t have any expectation of privacy. That means places such as a street, a parking lot, a park, or even outside of private residences.
The investigator isn’t allowed to trespass on private property in order to obtain evidence, and the investigator is also not allowed to engage in any illegal activity in order to obtain evidence. However, the investigator can record only what can be seen from a public location.
For example, the investigator can record people entering their homes, carrying groceries, or doing other activities outdoors. This is considered evidence that can be obtained legally.
3. Even Short Clips Can Be Misleading
Investigators can record only short clips of the people they’re surveilling. This may not be a fair reflection of the condition of the people, however, because it might not reflect the extent of the pain the people are in before and after engaging in the activity.
For example, people may be injured and decide to do something they need to do, like carrying groceries from their vehicles into their homes, even if they’re in physical pain. If investigators capture images of these people trying to go about their lives as normally as possible, the short videos may make it appear as though the personal injury claimants are dishonest.
As a result, investigators sometimes come up with misleading evidence. This is another reason why plaintiffs need to be consistent in their statements and work with their lawyers.
4. Social Media Can Act as a Form of Surveillance
Another thing that the insurance company may use to conduct surveillance is social media.
If the images posted on social media don’t align with a personal injury claimant’s stated injuries, that could pose issues. Social media posts showing a supposedly injured party engaging in strenuous activity could be used to challenge the extent of injuries detailed in a claim.
It’s important to point out that even if the social media information isn’t related to the injury, it may be misinterpreted. Since the social media posts will likely be accessible to the insurance company, it’s important to be mindful of the information posted on social media during the case.
5. Surveillance Evidence Can Impact Case Value
If the evidence gathered by the insurance company contradicts the claims made by the plaintiff, that may have an impact on the case. When you tell the truth, you won’t get derailed by lies.
Should there be a contradiction between what you state in your case and what is shown in the evidence, you’ll have serious explaining to do. Even the best personal injury lawyer might struggle to dig you out of a hole if you’re being dishonest or if your story keeps changing.
6. Consistency is Key in Personal Injury Claims
Consistency is key when pursuing a personal injury case. As was mentioned previously, flip-flopping won’t do your case any good. It can actually derail your claim altogether.
So, it’s vital to be accurate and truthful when describing injuries, limitations, and activities to others. However, at the same time, you shouldn’t feel pressured to stop all activities. You should ensure that what you do is in line with any recommendations given by your doctor. Otherwise, the insurer might argue that your activities are the reason for any worsening conditions.
7. Legal Guidance Can Help Address Surveillance Evidence
If an insurer submits surveillance evidence as part of its case against you, you’ll want legal guidance. A personal injury lawyer will know how to address any issues that may come up as a result.
For example, an attorney might choose to present evidence regarding your injuries to demonstrate you are capable of undertaking some activities. In other cases, a lawyer might argue that the evidence submitted by the insurer doesn’t show the full picture.
Being Aware Without Being Alarmed
If you file a personal injury claim, there’s a possibility the insurer will monitor you. But you have nothing to worry about if you’re being truthful. There are dishonest claimants who see a personal injury claim as a sort of lottery windfall — so, insurers try to weed out these bad actors.
Simply being aware of the possibility of surveillance means that you should be aware of your activities, particularly in relation to your condition. By being honest, you can protect your claim.
Protecting Your Claim
Personal injury claims are largely dependent on the credibility of those who file the claims. Being surveilled is just one of many factors that may be taken into consideration in the legal process.
By being aware of how surveillance works, you can minimize the odds of your case being dismissed.
