Is a Private Investigator Watching You?

Is someone watching you? Suggesting it may make you feel like you’re paranoid, or others may think you have something wrong with you for even thinking that’s the case. But if you’re injured in an accident, there may well be someone watching you at times you don’t even realize it: the other side’s private investigator.

When is an Investigator Hired?

Most of us think that anytime we’re in any kind of accident, there will always be an investigator secretly watching us and following us around. That’s not entirely true—Defendants and insurance companies don’t always pay the money that it takes to have someone followed wherever they go.

There is no hard and fast rule to know when you may be followed by a private investigator. But often, they are hired when a victim has a very serious injury, and the Defendant is trying to show that the victim is more mobile or able bodied than he or she says.

It also may be used in situations where someone may have a history of making accident claims or lawsuits (Defendants may think these are indicators of fraud).

Investigators tend not to be used in cases involving more minor injuries, or in injuries that can’t be seen by outside surveillance (for example, with a brain injury).

Why are They Hired?

Often an investigator isn’t being hired to demonstrate that you are outright lying. More often, the investigator is there to catch you doing things that make you seem healthier than you are.

So, for example, video of you running in the park, or carrying groceries, or carrying your child, all can be shown to a jury to demonstrate that you are healthier and leading a fuller life, then what you have claimed you are living.

Being Caught on Video

This isn’t to say that even if you are “caught” on video doing something active, that your case is over. Many injured people are able to move about, or go shorter distances—video surveillance is just a snapshot in time. You may even be under doctor’s orders to be more active or to lift things or move around in order to help speed recovery.

And while a video can show you doing things, it does not show how much pain you are in, while doing those things.

All this means is that while you should be aware of the possibility you are being surveilled by an investigator, you should not be paranoid about it, or let it alter your daily life activities. That said, be smart—don’t do things physically that your doctor hasn’t said you are able to do, and don’t push yourself through pain, without speaking to your doctor in advance.

Where Can You Be Recorded?

There aren’t many laws that say when and where you can be videotaped or surveilled, but as a general rule, you cannot be surveilled in places where a normal person would have some reasonable expectation of privacy.

So, if you’re walking in a mall, in public, there is nothing stopping someone from videotaping you. But if you’re videotaped in a fitting room, that’s a much different story. So in general, just assume that if others in the public can readily see you, so too can a private investigator record you.

How will the Defendant in your case try to prevent you from recovering? Ask us.  Schedule a consultation with our Tampa personal injury lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian today for help with your accident or injury case.

Sources:

advancedinvestigationsct.com/blog/how-can-a-private-investigator-help-a-personal-injury-investigation/

xinvestigations.com/2023/08/16/navigating-the-surveillance-process-for-personal-injury-claims/