**Personal Injury Claims
Personal Injury Claims
In today’s world of Internet, smart phones and instant access to information through various video formats, it is easier than ever to record someone without their knowledge. Due to its accessibility and ability to use it easily, video surveillance is often used to assist in various legal proceedings, including defending against personal injury cases. This a Specialty of Santa Barbara Surveillance Company. We uses all available data sources and social media for our preliminary investigation.
Gone are the days when a Private Investigator has to use a conspicuous camera to capture footage, allowing insurance companies to use video surveillance more than ever. Many general P.I. websites still use the picture of a smart looking young guy sitting in the front seat of a sedan with a big telephoto lens sticking out of the drivers window! Not only is that not how it's done, it will burn the neighborhood, the Investigator, or get you shot in some parts of town. Never hire a General Investigations firm for a Personal Injury case.
Personal Injury Cases Involving Video Surveillance
Many different types of cases may involve video surveillance. In the personal injury spectrum, video surveillance may be used in cases involving a car accident, truck accident, workers’ compensation cases, slip and fall cases and others. Many personal injury cases involve insurance companies that may ultimately be responsible for paying out compensation to accident victims. Therefore, any case involving an insurance company may involve video surveillance.
When Video Surveillance Is Used
Insurance companies may use video surveillance at different stages in the proceedings. They may use video surveillance in their assessment of a claim. When there are two different stories about how an accident occurred, objective video evidence can be the deciding factor. Claims adjusters may be able to review video footage that was made at the time of the accident to learn about how an accident really happened.
Insurance adjusters may also use video surveillance as part of their investigation. They may record a victim’s conduct after the accident to see whether the victim’s actions after the accident correspond to the claim. For example, if the victim states that he or she is unable to move his or her arms with ease after an accident, the insurance company may try to get recorded footage of the victim lifting groceries from his or her vehicle to contradict the victim’s statements.
Where Footage Is Made
Insurance adjusters must abide by the law. Therefore, they cannot disturb the privacy of the victim in order to acquire video footage, such as by peering through a window. However, insurance adjusters can usually obtain the footage that they desire in a public setting, such as a restaurant, grocery store, park, roadway or other area accessible to the public. There are special rules pertaining to when an audio record of someone can be made, with some states requiring the party to consent to the audio recording before it is made. Therefore, the footage that is captured may need to be audio-less in these states.
Uses of Video Footage
Insurance companies will use video surveillance to demonstrate that an injured victim can perform activities that they said they could not do or that are inconsistent with their alleged injuries, this footage is often used to dispute liability.
If the case goes to trial, the insurance company can use this footage to show that the victim was fabricating or exaggerating injuries. Such footage can have a direct impact on the victim’s credibility and call into question the entire claim. A skilled Private Investigator will obtain enough videotape and make sure that it is properly documented to be used in court. And with the Investigators foundation it will stand up to cross examination so the videotape evidence will refute and discredit the claim through using video surveillance.
Types of personal Injury claims
Personal Injury is a general term there are many types of personal Injury claims: Motor vehicle accidents are one of the most common types of personal injury cases. Each is handled by Santa Barbara Surveillance Company from Law Firms and Insurance companies depending on the requirements of each case
- Medical Malpractice
- Product Liability
- Wrongful Death
- Workplace Accidents
- Premises Liability/Slip & Fall
- Animal Bites and Attacks
- Assault & Battery
Other Types of Surveillance
In addition to video surveillance, insurance companies may use other methods to monitor a victim’s actions after an accident. Adjusters may monitor social media accounts for mention of vacations or pictures of the victim performing activities inconsistent with the victim’s alleged injuries. They may also ask questions to neighbors, coworkers and others involved in the victim’s life to try to gather evidence to use against the victim.