If you’re involved in a personal injury lawsuit, there’s a detail you may not expect but need to prepare for: you might be under surveillance. It sounds intrusive, and frankly, it is. But in personal injury cases, insurance companies and defence counsel often hire private investigators to conduct surveillance on plaintiffs. Their goal? To gather evidence that could cast doubt on your personal injury claim.
Whether you’re dealing with chronic pain after a car accident or seeking rightful compensation for a particular injury, knowing how surveillance works and how to protect yourself can make a significant difference in the outcome of your case.
This article walks you through what you need to know, what’s perfectly legal, and how to stay ahead during the legal proceedings.
Why Do Insurance Companies Use Private Investigators?
Insurance companies hire private investigators to protect their financial interests. When someone files an injury claim, the insurer wants to verify if the plaintiff’s claims are valid or if there’s any way to deny or reduce compensation.
Private investigators are trained to:
1. Conduct surveillance without detection
2. Record video footage of the plaintiff engaging in daily activities
3. Follow the plaintiff from their home address to locations like work or grocery shopping
4. Monitor activity on social media for posts online that contradict the injury
The goal is to find evidence that undermines the plaintiff’s credibility. For instance, if you claimed that you can’t lift heavy objects due to back pain but a private investigator captures you doing yard work, this surveillance footage can be used in court to suggest you’re exaggerating your injury.
Surveillance evidence doesn’t need to be dramatic to be effective. Even a short video clip showing you walking without assistance can be taken out of context and presented to cast doubt on your claim. That’s why understanding these tactics is crucial.
What Kind of Surveillance Is Legal?
Surveillance is legal in many jurisdictions, but its scope and limitations vary significantly by state law. In personal injury cases, private investigators must still operate within legal limitations, but those limitations offer less protection than many expect.
Here’s what they can legally do:
- Film or photograph you in public spaces (like grocery stores or outside your own home)
- Follow you discreetly during your daily life
- Record your movements if they’re visible from a public vantage point
What they cannot do:
- Enter your home or trespass onto your property
- Use hidden cameras inside private spaces
- Hack your devices or access private social media accounts without consent
While driveways and windows may be visible from public areas, the expectation of privacy can still apply in some states, depending on specific circumstances and laws.
Example scenario:
A plaintiff in an injury claim due to a car accident reported severe neck pain. However, a private investigator captured video surveillance of them lifting groceries and jogging. The insurance company used this video evidence to argue that the plaintiff’s claims were exaggerated, severely impacting the compensation awarded.
How Surveillance Footage Can Impact Your Case
Surveillance footage can become a powerful tool in court, especially when it creates inconsistencies between your words and your actions. Even short clips can sway judges and juries by creating a narrative that the plaintiff isn’t being entirely honest.
In some cases, surveillance evidence can:
- Lower your compensation
- Lead to the denial of the claim altogether
- Force a settlement out of court to avoid exposure of the footage
That’s why injured plaintiffs must remain mindful of their daily actions. Even if you’re having a good day physically, video footage of you carrying packages, walking your dog, or playing with your child could be taken out of context and used against you.
And remember:
- Insurance companies do not need to notify you that surveillance is happening.
- Surveillance can happen more than once during the legal process.
- What you post online, even if seemingly harmless, can serve as surveillance evidence.
Stay consistent with your personal injury claims in both your words and actions. If you’re unsure whether something might be misinterpreted, the best course of action is to consult your legal counsel before making public statements or engaging in strenuous activities.
Your Rights and How to Protect Yourself
While it’s legal for investigators to observe and record you in public, you still have rights. You can and should take steps to protect yourself during legal proceedings:
- Be mindful of your physical actions in public, especially in visible areas like your yard or driveway
- Avoid lifting heavy objects, even if you feel okay temporarily
- Don’t downplay your condition or over-exert yourself
- Keep social media activity private; avoid posting photos or updates that can be taken out of context
- Assume you may be under surveillance and act accordingly, especially during active phases of your lawsuit
Also, consider documenting your condition. Keep detailed notes on your physical limitations, your pain levels, and how your injury affects your daily life. This record can serve as your form of evidence to counter misrepresented video surveillance or assumptions made by investigators.
Laws and Limitations That Govern Surveillance
Although private investigators may conduct surveillance during a personal injury lawsuit, they must follow strict boundaries set by both federal and state laws. Surveillance becomes unlawful when it crosses into private, protected areas or involves deceptive practices that violate an individual’s right to privacy.
In most jurisdictions:
1. Invasion of privacy is illegal. If a private investigator records a plaintiff through a bedroom window or within their own home without consent, that may be considered an unlawful invasion of privacy.
2. Trespassing to gather evidence is prohibited. Investigators cannot enter a plaintiff’s home, backyard, or garage without permission.
3. Electronic surveillance without consent, such as wiretapping, hacking, or accessing private messages, is a criminal offense.
For example, in:
California:
Under California Penal Code § 632, it is illegal to record any confidential communication, including telephone conversations, without the consent of all parties involved. This law protects plaintiffs from unauthorized audio surveillance during legal proceedings. However, it applies only when the conversation takes place under circumstances that reasonably indicate a desire for privacy.
Additionally, California Civil Code § 1708.8 makes it unlawful to intrude into private spaces physically or through devices with the intent to capture visual images, sound recordings, or other impressions of someone engaged in personal, familial, or private activity. If a plaintiff has a reasonable expectation of privacy, such as while inside their home or on private property, any unauthorized surveillance may result in civil liability, including damages and fines.
If you believe that investigators conducted surveillance beyond these legal limits, document everything, including time, location, and activity, and notify your attorney immediately. Courts may exclude illegally obtained surveillance evidence. In some cases, your legal team may also pursue further action against the defendants or the insurance company that authorized the violation.
Respect for the law applies to all parties involved in a personal injury claim. When private investigators violate those laws, it may backfire and shift the case in favor of the plaintiff.
Stay Aware, Stay Protected
Surveillance can feel invasive, especially when you’re just trying to recover and move forward with your life after an injury. But knowing that insurance companies and defence counsel often hire private investigators during personal injury cases gives you the power to act wisely and cautiously.
Always assume that your actions, especially in public, may be monitored. Stay honest and consistent in how you represent your injury. Don’t give the opposing side a chance to distort the truth.
If you’re handling a personal injury lawsuit and want to better understand your rights, responsibilities, and how to best protect your credibility, Bourassa Law Group is here to help.
Contact us today for a free consultation and let us guide you through the legal process with clarity and compassion.
1-800-870-8910