Are they watching you? You bet.
Video surveillance is often used to try to hurt your case.
If you have been injured in an accident, it’s important to know that insurance companies will often hire private investigators to follow and video you.
The objective for this type of surveillance is to try and catch you doing something that you have testified you can’t do. As long as you are honest and don’t try to exaggerate, the surveillance shouldn’t hurt your case.
However, that will not stop the defendant’s insurance company from attempting to use the video to convince the jury of their view of the case.
Plaintiffs can demand copies of all surveillance videos that the defendant intends to use at trial. However, Florida’s First District Court of Appeal recently held that if the defendant’s insurance company has private investigators take videos on separate occasions but only intends to use one of the videos at trial, the other videos do not have to be produced.
We don’t like the decision to allow a defendant to keep some videos private. Information like that shouldn’t be kept secret because it could be misleading.
Personal injury attorneys need to be up to date on all the rules regarding what is discoverable and what is not.
Personal Attention and the Time to Get It Right