Once you file a personal injury claim in Colorado, the defense will begin their task of fighting it. Whether it’s the insurance company or a private defense lawyer, the defense will look to find any evidence that will help reduce their liability—and ultimately your compensation. As long as you are in a public setting, you can believe that you are being watched—and watched closely.
Defense lawyers and insurance companies often hire private investigators to follow injured accident victims around—often at a distance. You may not even be aware of their presence because they are trying to be invisible. The idea here is to “catch” you doing something your injury should be preventing you from doing. This is often used to expose individuals who file fraudulent claims or claim injuries are more severe than they are. These investigators will often wait for hours in their car or on a park bench, just waiting to snap the perfect picture or take the perfect video.
Unfortunately, these images don’t always convey the whole story and it is up to your injury lawyer to prove this. For instance, if the investigator snaps a photo of you bending over to pick up a dollar that you dropped, the insurance company may argue that your back isn’t hurt as badly as you claim. Yet, they fail to take into account the future repercussions of these activities. While you may have bent over to pick up the money you dropped, you may also have been in serious pain the rest of the evening, forced to take extra pain medication, or lie down the remainder of the day.
While investigators can be unscrupulous in their attempts to get the perfect shot for their clients, some rules of basic privacy are retained. No one is allowed to tap your phone, or videotape anyone through the windows of their own home. If someone breaks these rules, then he or she could be found guilty of a crime.
During your deposition, the defendant’s attorney may ask you specific questions about what types of activities you can and can’t do. It is important that you answer honestly during the questioning, because by this point—he or she will have already received the video and photos taken by the investigator. If you purposefully answer untruthfully or forget something you did, you may sabotage your case—and your right to receive compensation for your injuries.
If you think that you are being investigated or watched, it is important to let your Colorado personal injury attorney know. He or she can tell you how to proceed and ensure that the defense attorney allows you access to copies of the videos once they are produced.
Contact Pueblo attorneys at Smith & Smith Today!
If you or someone you love is injured in a Pueblo accident, it is important to contact an experienced Pueblo car accident attorney immediately. Your attorney will need to investigate all aspects of your case to determine who is ultimately to blame for your accident and your injuries.
Call Pueblo attorneys at Smith & Smith today for a free consultation at (719) 544-0062.