Many clients are surprised to learn that after starting a personal injury lawsuit, an insurance company may hire a private investigator to conduct surveillance. While it can feel intrusive, surveillance is a common part of defending personal injury claims and, in most cases, is entirely lawful.
Investigators may observe or record a plaintiff’s activities in public places, such as walking, shopping, attending appointments, or participating in recreational activities. The purpose is to determine whether your day-to-day functioning is consistent with the injuries and limitations you have reported.
The most important thing to remember is simple: be honest. You should never exaggerate your injuries, but you also should not feel compelled to avoid normal daily activities out of fear of being watched. Most injuries fluctuate, and having a “good day” does not mean you have fully recovered. Surveillance often captures only brief moments and rarely tells the whole story. Only do what you can do but be mindful of malingering which can be equally as damaging. It is also wise to be cautious about what you post on social media. Photos or videos taken out of context can create misleading impressions and may become relevant during litigation.
If surveillance is disclosed during your case, your lawyer will review it carefully and place it in the proper context. A few minutes of video cannot capture pain levels, fatigue, medication use, or the physical consequences that may follow an activity. This is why consistent reporting to your treatment providers immediately following the accident until your case resolves is of the upmost importance.
Ultimately, the best approach is to continue living your life, follow your healthcare providers’ recommendations, be truthful about your limitations, and keep your lawyer informed of any concerns. Credibility is one of the strongest assets in any personal injury case and something a jury, who in most cases will be deciding the value of your claim, will rely and assess very closely.
