If you have been seriously injured in an accident and the defendant has produced surveillance footage they claim demonstrates your injuries are not as serious as you have made them out to be, this doesn’t automatically mean they are right. This means they have a perspective and they will try to present the footage in a manner that proves they are correct. The following is a few steps you will want to take if a defendant or their insurance provider is attempting to use the footage to show you are exaggerating your injury.
Regardless if it’s right or wrong, just about anything can be caught on tape nowadays. With the technology that is now readily available, a simple cell phone can be used to record someone in the act of something they shouldn’t be doing. When it comes to personal injury, this surveillance footage is often used by an insurance company as a ticket out of paying thousands of dollars a claimant deserves.
Proof in Serious Injury Cases
While there are people out there who will do almost anything to make a buck, the majority of personal injury victims have honestly suffered a serious injury. Surveillance footage is idea for proving negligence in an injury case. These people aren’t looking for someone else to pay their way through life. They simply want to receive what they deserve. These are normally hard-working individuals who are simply unable to physically work due to an accident they didn’t ask to experience.
Request a copy of the footage
In order to know what is being used against you, ask to see the surveillance footage in its entirety, unedited. You will also want to ask for access to each of the records and logs that have been made by the operatives who have gathered the footage. While going through the evidence will be time-consuming, it will alert you to the tactics being used against you. This will also provide you with an opportunity to show you were under surveillance while the logs say otherwise.
Talk with an expert
Hire someone who is an expert in surveillance footage to review both the edited and unedited footage. Make sure they know they’re being paid to find any irregularities in the footage and report what they find to you.
This has the ability to demonstrate that selective methods of filming may have used by the operatives who were collecting the footage. This can be handy when it comes to proving why they chose not to film you at certain times. For instance, when extreme pain was being experienced, when assistance was needed to perform everyday tasks, and other activities you were unable to participate in.
Challenge whether or not the footage is admissible
You always have the ability to question the admissibility of the evidence if it has been served at a later stage in the proceedings which would amount to what is known as an “ambush.” Also, if you are able to prove the operatives collecting the footage at any time unlawfully trespassed on the property of the claimant, this is more than enough reason to ask for the evidence to be withheld. While there is a fine line , if it can be demonstrated that privacy laws were not broken while the evidence was being collected, the court will be forced to keep this in consideration.