When you are involved in a personal injury lawsuit, there always is a chance that the insurance carrier is monitoring your comings and goings. The carrier seeks to “catch” you doing something that, according to your claims of disability, you should be unable to do. I cannot tell you how many times my clients have contacted me in near hysteria, suspecting that they have been spied on.
Sometimes, they are correct, and I then obtain a copy of the video surveillance that the carrier says “proves” my client has no substantive or lasting injuries. However, I always tell my clients that one video merely is a snapshot in time. That is, when it comes to disproving a serious injury, generally, a carrier needs far more than a mere video showing my client carrying a bag of groceries, for example.
Something that can complicate a personal injury case is when a client who really is seriously injured, overstates his impairments. For example, someone falls as a result of a faulty pavement. He hits his head on concrete and as a result is left with chronic headaches and hearing loss. Then, during a deposition due to stress or fear of not being believed, he embellishes on his condition. Now the client’s embellishments are part of the record, and he is perceived as being more disabled than he actually is. When an insurance carrier surveils him, they might catch him in an activity that defies his stated disability. Therefore, even though the client was seriously injured and is deserving of compensation, the video negates some of his claims. By overstating his physical limitations during his deposition, he now appears to have lied. That is never good for a personal injury lawsuit.
I always tell my clients, if I decide to take your case, I do so because I believe you have serious, long-lasting injuries. There is absolutely no need to exaggerate how hurt you are; how impaired you are; or, how your condition has limited your activities. The truth rules, as it usually does. If you have suffered a serious injury, that does not necessarily mean that you are bedridden. People with physical impairments often continue to function, even though they struggle with limitations.
But, Insurance Carriers Are Not In It For You . . .
Let’s face facts – insurance carriers are not looking forward to giving you compensation, no matter how many impairments you have suffered as a result of negligence. They most often will look for any and every way to fight the lawsuit and to prove there is “nothing wrong with you.” Proving them wrong is my job. Even clients who do not embellish and who are completely forthcoming during their depositions are at risk of being spied upon. That is why you should always be aware of your surroundings. It is better to always assume someone is watching than to be caught by surprise.
But, even if you are being watched, it is not the end of the world. If you tell the truth, the whole truth and nothing but, it makes my job a whole lot easier. Remember, one video, providing you are simply going about activities of daily living and not jumping on a trampoline, doesn’t harm your case all that much.
If you suspect you are being watched, make sure to let your attorney know as soon as possible. He or she will know how to respond and how to defend you during your personal injury lawsuit.
