You may have heard the saying: “Just because you’re paranoid, doesn’t mean they’re not out to get you.” While I am not implying personal injury clients are paranoid (although many are nervous about the whole litigation process), I am issuing a warning that when you are involved in a personal injury lawsuit, you can assume the defendants (usually the insurance carrier), is keeping an eye on you and your whereabouts.
Quite often, insurance carriers will hire private detectives to surveil their opponents (i.e., you, if you are suing for injuries). It is legal, as insurance carriers have a right to build a defense. And, unfortunately, there are some unscrupulous people out there who will sue for as I have described before a convenient ‘pay day.’ But the vast majority of people who have been injured due to someone else’s negligence are legitimately hurt. Yet, they still can be hurt in court by photographs or video taken by the defense. That is because surveillance images are powerful – even though they may only be a snapshot in time.
What To Do About It?
If you have been forthright about your disability and have not exaggerated your limitations, you have nothing to be concerned about. When and if defense obtains surveillance on you, simply let your attorney handle it. This is a fairly common occurrence with personal injury litigation.
If, however, you have exaggerated your limitations (even when it is unnecessary to do so), that could create complications for your case. But, again, let your attorney handle the matter. It is crucial to remember that complete honesty about your impairments is the very best policy.