It comes as a shock to my clients that a private investigator may be following them around videotaping them at home, at the store, or even in the doctor’s parking lot, but this type of surveillance happens all the time.
Earlier this week I received a DVD showing surveillance of a client walking briskly, bending and carrying groceries, despite his assertions that his work-related knee injuries prevent him from using his legs for any type of normal activity. I think I will be able to settle this case but there is no doubt that the value of the case will a lot less because of the surveillance video. In this case, my client outsmarted himself by misleading me about his physical limitations such that we did not start our settlement negotiations back when his knee was still causing severe impairment. My client wanted to keep collecting weekly benefit checks for as long as possible then settle – he would have been wise to tell me the truth about his improving capacity several months ago.
While I realize that anyone can have a “good day” and thus be able to perform physical activities that might be impossible on most days, you have to assume that your every move is being videotaped.
In this video I discuss a trend I am seeing – more use of surveillance by insurance company private detectives. It may be hard to believe that someone is following you but I assure you – it happens.
Are you being watched by an insurance company? from Jonathan Ginsberg on Vimeo.
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