how will i know about spying from Defense in Personal injury case?

I am a PI attorney that practices mainly in NYC. Although you call it spying, in NY we call it surveillence and its permitted, with some exceptions. Basically, they cant do it before you testify. If they do, they have to tell you about the video. But, it hapens all the time. We even had a recent case where they videotaped our client leaving the court room and going home. You just need to assume that its going to happen. I love when it happens because it usually means that I have a great case and the insurance company is scared.

Unfortunately, insurance companies sending out investigators is not unheard of, although it is somewhat rarer than people think.

The difficult thing is that you won't know you're being spied on until they manage to snap a picture of you carrying in a bunch of bags of groceries, hauling a loaded garbage can to the curb or changing a tire.

The best thing to do is to follow your doctor's recommendations and limitations about physical activity, along with always telling the absolute truth. If your doctor says you can carry bags of groceries and you never say you can't, then it won't matter that they have photographs of it. Truth is always the best defense to unsavory tactics by insurance companies.

If the private investigator is good, you will never know about it. Insurance carriers are tending to do surveillance more than in the past. Large defendants, like Wal-Mart, almost routinely do it, even on smaller cases.

You should discuss the issue of surveillance with your attorney.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen advises the questioner to confer with an attorney in their state in order to ensure that proper advice is received.

Most likely it will be and unless you spot them you won't know until your case is in suit and your lawyer seeks adn receives this information during discovery. Don't worry, act natural. So long as you don't exaggerage your injuries it shouldn't matter. The only time I have seen it do damage was a woman who swore under oath she couldn't turn her head after an accident and the defense got surveillance of her backing out of a parking space at the grocery turning her head like the exorcist. You need a good lawyer, however.

Your attorney will request their surveillance info in discovery and make the appropriate motions to exclude the stuff that is outside the lines.