The idea that the defense or insurance company would try to spy on them while pursuing a claim for an injury isn’t something most people consider at all. Defense spying tactics in Florida injury cases are commonly used at Lakeland and across the state, where insurance firms and defense lawyers routinely employ surveillance to fight claims that can be costly. Knowing your rights is important to preserve your claim and achieve fair outcomes.
At Dennis Hernandez Injury Attorneys, we have secured millions upon millions for our clients and know how far some defense tactics will go. We fight to get you paid!
What Types Of Surveillance Can Occur During An Injury Lawsuit?
The Florida law permits defense lawyers to be able to investigate evidence in a personal injury case, but under very strict guidelines. Common forms of surveillance include:
- Video recordings in public spaces
- Social media monitoring
- In a review of public records and financial filings
- Interviewing witnesses or neighbors
For instance, in Dodson v. Persell, 390 So. 2d 704 (Fla.1980), the Florida Supreme Court held that video surveillance is admissible in personal injury cases if it is relevant and lawfully obtained.
Can A Private Investigator Follow You After Filing A Claim?
Yes. Defense lawyers often have plaintiffs followed secretly by private investigators. Florida Statute § 934.03 provides that investigators may not record conversations without the consent of at least one party. If a Lakeland personal injury attorney finds out about illegal recordings they can file motions to suppress the evidence.
How Can Surveillance Impact Your Settlement Value?
Surveillance is frequently used to diminish, or dispute altogether, payouts to injured people, whom the insurance companies often don’t believe are hurt as badly as they claim. For example:
Catching the plaintiff physically active opposed to claiming the activity was medically impossible
Spotlighting social media posts that appear to contradict the alleged damages
claiming the level playing through injuries is overstated
Overall, if you have a Florida personal injury lawsuit, your attorneys will need to respond to these types of tactics with good medical evidence and qualified expert testimony.
What Are The Laws Governing Privacy During An Injury Lawsuit In Florida?
Florida affords a constitutionally based right to privacy under Article I, Section 23. This right shields the public from intrusive surveillance, but does not free them from monitoring altogether.
Moreover, litigation attorney Florida counsel often uses Admissibility of Evidence and Relevancy sections under the Florida Statutes § 90.401 and § 90.403 to exclude evidence unlawfully obtained or irrelevant to the case.
How Do Defense Teams Use Social Media Against Injury Victims?
Social media checking is now a routine practice of defense lawyers. Plaintiffs would have to assume that Facebook, Instagram and TikTok posts were subject to scrutiny.
For instance, if you have a Lakeland injury attorney representing your interests and you tell them that you suffer from chronic pain – only for the defense to get online and see pictures of yourself hiking in the mountains or lifting something heavy – this can damage both the credibility of your case overall and any potential settlement. Being aware of defense spying tactics in Florida injury cases can help you work with your attorney to avoid actions that might inadvertently weaken your claim.
How Can Your Attorney Protect You From Surveillance Abuse?
An experienced Lakeland accident attorney can fight the improper evidence and protect your rights. Some strategies include:
- Motion Practice to suppress unlawfully obtained videotape
- Teaching clients how best to use social media
- Physician consultations to confirm injury claims
- Counteracting false evidence with investigators
Here at Dennis Hernandez Injury Attorneys, our team of Lakeland injury law attorneys takes a preemptive stance against these shady tactics.
How Does Surveillance Affect Injury Compensation In Florida?
Often, surveillance video can delay settlements or reduce compensation. Defense spying tactics in Florida injury cases frequently involve monitoring plaintiffs to challenge their claims. Millions of accidents took place in Florida in 2023, resulting in litigation and surveillance-based controversy, according to statistics from the Florida Department of Highway Safety and Motor Vehicles.
Whether you are searching for compensation after an injury Florida to a lawyer of car accident Lakeland, knowing these risks can benefit your claim.
How Can You Respond To Defense Tactics During Negotiations?
If you feel like you’re being watched, do not respond confrontationally. Instead:
- Call your personal injury law firm Lakeland right away
- Record all strains and medical treatment in injury journals
- Adhere to the recommendations of your doctor diligently
- Avoid risky activities that could undermine your claims
Don’t forget, it’s the job of a Lakeland personal injury law firm to make certain you get as much money as possible.
When Should You Hire A Lakeland Personal Injury Attorney?
It is crucial to have an experienced lawyer on your side as soon as possible if you are pursuing an injury settlement Lakeland. Our lawyers handle all aspects of your case including:
- Handling negotiations with insurers
- Protecting your privacy rights
- Collecting expert affidavits and accident reconstruction evidence
- Challenging improper surveillance practices
Having a good auto accident attorney Lakeland or motor vehicle accident attorney Florida will help keep you from being caught off guard by the defense.
What Are The Rights Of Accident Victims In Lakeland?
As car accident victims, Lakeland residents can claim for damages for medical bills, lost wages, and emotional distress. Defense spying tactics in Florida injury cases may be used to challenge these claims, so it’s crucial to work closely with your attorney. Whether your case arises from a Lakeland negligent driver accident or any other injury, your Lakeland car crash lawyer can discuss the various options to recover.
Recommended Reading
- Understanding Personal Injury Laws in Florida
- What Happens in an Accident with Uber?
- What is an Interrogatory in a Personal Injury Motor Vehicle Lawsuit?
- What Is the Definition of Defective Road Design?
- What Legal Rights Do Passengers Have After a Multi‑Car Pileup in Florida?
- What Money Can You Recover – In Florida – for a Wrongful Death Action and Who Can Recover That Money?
