Surveillance and social media problems in your injury lawsuit - Selinger Law Group
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Surveillance and social media problems in your injury lawsuit

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  • Surveillance and social media problems
    Insurance companies have begun to rely more frequently on surveillance to help them
    defeat personal injury claims. In the last few years in particular, I have seen an increasing
    aggressiveness in insurance companies who engage in surveillance early, once they become
    aware of a possible claim. It is not illegal for insurance companies to engage in this type of
    limited videotaping surveillance. The insurance company can shoot video and take audio or still
    photographs of an injured person anytime they are in a public setting. This includes common
    activities like going out to eat or going for a walk. I have seen many cases in which clients pick
    up grocery bags or large boxes from their car. An insurance company will use this against you.
    The more serious the nature of the claim of injury, and the higher exposure for the
    particular insurance company, the more likely it is that the insurance company will hire an
    investigator to videotape you.
    I also represent victims who have been injured in construction accidents where there are
    no issues of insurance coverage and the potential exposure is huge, and it is particularly
    necessary to warn that surveillance may be taking place. Initially, it is very easy for the
    videographer to videotape what seems to be a victim lifting boxes, but then not showing them
    putting the box down and taking a couple of steps later grimacing in pain. Again, this will be
    used against you.
    Additionally, you can imagine the social media implications. Photographs of your
    vacation involving physical activities could seriously harm your case. Be aware that the mere
    fact of posting your vacation and the fact that you are taking a long flight can be used against
    you. Insurance companies are surveying your social media. You must therefore act
    appropriately online.


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