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"Smile, You're On Surveillance Video" in your NY Lawsuit; Trial Attorney Gerry Oginski Explains

Posted by attorney Gerald Oginski

When bringing a lawsuit for injuries you suffered because of an accident or improper medical care in New York, did you know that there's a good chance the defense attorney and his insurance company will hire a private investigator to catch you on video?

"Doing what?" you ask.

Doing what you say you can't do, of course.

Let's say you give pre-trial testimony that you are unable to play basketball because of your injuries. Or maybe you claim you can't ski or paint or do other types of sports or physical activities.

Now comes Mr. Private investigator with his van and a camcorder. He'll try and tail you for a day or two to see if you're able to do those things you say you couldn't do. If they catch you doing things you claimed you could not do, you're going to be in a mess of trouble.

Not only will you have destroyed your credibility, but you may have also opened yourself up to a perjury charge for testifying falsely. In addition, your attorney may have immediate grounds to withdraw from your case if you lie to the court.

Bad stuff happens if and when you testify falsely. However, there are some instances where the surveillance video doesn't tell the whole story. For example...if you claim you walk with a cane sometimes and other times you don't.

Another example is when the video fails to show you in excruciating pain following your attempts to do those activities which you were unable to do then but are trying to do now.

Watch the video to learn more...

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