When pursuing a personal injury claim, it is important to understand that surveillance may play a role in your case. Insurance companies and defence lawyers often use surveillance to gather evidence to challenge your injury claims. Knowing the common types of surveillance and how to protect yourself can help ensure the best possible outcome for your case. 

Types of Surveillance in Personal Injury Cases

Surveillance can take many forms, and it is crucial to understand the different ways you might be observed during your claim. Here are the most common types of surveillance that you should be aware of:

1. Physical Surveillance

One of the most common forms of surveillance is physical surveillance, where investigators follow you in public places and observe your activities. This often includes taking photos or videos to see if your behavior contradicts your injury claims.

For example, if you have stated you cannot lift heavy objects because of a back injury, and you are caught on video moving heavy boxes, that video footage could be used to challenge your credibility.

2. Social Media Monitoring

Social media is another critical area of surveillance. Insurance companies and defence lawyers often monitor your social media profiles to see if you post photos, updates, or comments that contradict your injury claim. Posting photos, videos or statuses showing you doing things you have claimed you cannot do (such as attending events, exercising, or engaging in significant physical activities) can be damaging to your case.

It is important to be cautious about what you share on online while your case is ongoing. Although the court could order the production of your social media accounts, consider increasing your privacy settings or even deactivating your social media accounts to try limiting the access of insurance companies and defence lawyers… 

How to Protect Yourself

While surveillance can feel invasive, there are practical steps you can take to safeguard your case:

1. Keep a Detailed Record of Your Activities

Maintaining a journal of your daily activities, especially those that increase your injury-related impairments, can help you if you later learn that personal injury surveillance was conducted.

For example, if you take a walk and experience pain afterward, write down how far you walked, how long it took, and how you felt. This record can be helpful if surveillance footage ever raises questions about your physical abilities.

2. Document Pain and Limitations

Tracking your physical limitations and discomfort can also help you counter allegations that you are exaggerating your injuries. Consistent documentation can:

• Support your testimony if questions arise about your activities.
• Provide context for any surveillance footage that might seem misleading.

For instance, if a video shows you carrying a grocery bags, your journal entry can explain that while you managed the task, you experienced pain afterward.

3. Be Mindful of Your Online Presence

Think twice before posting on social media platforms. Even harmless updates or photos can be misinterpreted and used against you. If you are unsure whether a post could harm your case, it is best to avoid sharing it altogether.

Final Thoughts

Surveillance is a common tactic used by insurance companies and defence lawyers in personal injury cases, but you can protect yourself by staying informed and prepared. Keep a detailed record of your activities, be mindful of what you share online, and consult with a team of personal injury lawyers if you have concerns about video surveillance.

By taking these precautions, you will be in a better position to maintain your credibility and strengthen your personal injury case.

For support with your personal injury claim, please text 613-777-0992 or contact us through our website to schedule a meeting with one of our lawyers.  We provide a free consultation, in French or English, to ensure that your rights are protected.  In most cases, we can offer to represent you on a contingency fee basis.  This means that you do not pay legal fees unless you win or achieve a settlement on your personal injury case.