Plaintiffs in a personal injury lawsuit may not realize that the defense may do an extensive investigation into their background and personal life. This could include analyzing your posts on social media platforms like Facebook and Twitter. Even more surprising is that an insurer may send a private detective to track your activities.
Much like the stakeouts you see depicted in television shows, this professional investigator will observe you from a distance, possibly taking photos and video footage of you going about your day. Is this legal? What reasons do defendants in personal injury lawsuits have for putting you under surveillance? Read on to learn more.
Is It Illegal in Florida to Monitor Someone Online or with a Private Detective in a Personal Injury Suit?
State law has no law making it illegal for a defendant in a personal injury suit to have you followed by a private eye. The good news is that despite it being legal for them to capture video and photos of you, they are not allowed to tap your phone line or call you directly and record the call without your consent.
Typically, defense attorneys use surveillance as a way to hopefully prove you are over exaggerating or making up your accident injuries you’re using them over. If they can prove that your claims are inconsistent with your actions, they can push for a reduced compensation award or have your suit thrown out altogether.
Defense attorneys use this same tactic with their social media accounts. It’s perfectly legal for them to hire someone to monitor your activity on websites like Twitter and Instagram. Should you post statements about your accident experience or injury improvement, they can use it in court to damage your credibility. This is why our personal injury attorneys at Jordan Law always advise our clients not to discuss the details of their case with anyone until their claim has settled or a jury award has been won.
How Surveillance Can Backfire on the Defense
One of the interesting aspects of surveillance and monitoring of a plaintiff in an Orlando personal injury suit is that the defense’s findings could backfire. Specifically, if the other side plans to use any part of the footage at trial, your attorney can request a copy of this footage and potentially use it to your case’s advantage.
A seasoned personal injury lawyer knows to ask if any surveillance has been conducted on their client. If they have, you can get copies of these materials and use this evidence against them. For instance, if their findings have several clips showing you struggling to walk ten steps, this would provide further evidence that your injuries are as severe as you claim. At Jordan Law, we would even consider having the investigator they hired to testify in court to what they observed while monitoring you. Their testimony can corroborate the impact of your injuries on your everyday life. We never pass up on opportunities to add to your credibility with the defense’s own resources.
So, while it may be initially upsetting to know that your movements and activities are being tracked, the potential benefit makes it worthwhile. If you are the victim of someone’s negligent actions causing an accident that hurt you, make sure to schedule a consultation with one of our skilled Orlando personal injury attorneys as soon as possible. The sooner we can begin gathering the necessary evidence to build your case will ensure that we take advantage of any opportunities the defense might unwittingly provide.
Reliable Orlando Personal Injury Attorneys You Can Trust
If you or a loved one was involved in an accident involving negligence or recklessness by another person, you might be wondering what compensation you can receive. From medical bills to diminished workability, the personal injury lawyers of Jordan Law are here to help you get on the road to recovery. In addition, we can provide you with sound legal advice about your circumstances and determine what next steps need to be taken.
Our firm uses our years of personal injury case practice to make the negligent parties responsible for your injuries pay. We will fight tirelessly on your behalf and pursue the best possible results for your case’s circumstances. Contact us today to schedule an initial consultation and learn more about what rights you have to compensation.