Learn how personal injury surveillance can be used against plaintiffs
Once liability has been established, the most hotly contested point in a personal injury case will likely be the severity of the injury that the victim has suffered.
Well, first of all, because if the injury is not legitimate or was not actually caused by the accident, then the at-fault party will not have to provide compensation. And secondly, because the severity of the injury affects the amount of pain and suffering that is appropriate. Underestimating pain and suffering can dramatically reduce the value of a claim.
If the defense suspects that you are faking an injury or exaggerating the severity of an injury, they may invest in personal injury surveillance. This involves getting a private investigator to observe your activities and record anything that could possibly be used as evidence against you.
Here are some of the most important points to understand about personal injury surveillance:
Surveillance is Legal in Public
The street in front of your house is a public place. Therefore, a private investigator can park on the street and take photos or video of anything they can see from that vantage point. This probably will not include things that go on inside your home, but they will likely be able to see what you are doing in your yard, on your doorstep or porch, and in your garage when the door is up. Private investigators can also follow you to work, to the store, and to other public places around town.
Social Media Accounts May Be Watched
Personal injury surveillance is not limited to physical surveillance. Your digital activities may also be watched. This makes it very important to avoid commenting on your injuries or your case on social media. You should be particularly careful to avoid posting comments or photos that show you trying to look happy or be active in spite of your injury, as these could be used to argue that you are not as badly hurt as you claim.
Watch Out for Tricks and Traps
It is not unheard of for private investigators to set up tricks and traps for their surveillance subjects. For example, if they are watching a person who has chronic back pain, they might place a $100 bill on the ground outside their home and see if the injured victim is able to bend down and pick it up without obvious pain and/or with a natural range of motion.
Tell Your Attorney About Any Suspected Surveillance
If you suspect you are being watched, tell your personal injury attorney right away. Your attorney can then request copies of any evidence obtained through surveillance and begin working on a response to this evidence.
At The Law Offices of Larry H. Parker, we will not give up on you, even if you have been seemingly caught in a compromising position by a private investigator. Instead, we will continue to fight aggressively for the compensation you need and deserve. To learn more about working with us, please call 800-333-0000 today.