If you’re pursuing a personal injury claim, it’s important to understand the strategies insurance companies use to protect their bottom line. One tactic they frequently employ is hiring private investigators to photograph and record injured claimants. While it may sound invasive, injury claim surveillance is a legal — and common — practice designed to find evidence that may minimize or even deny your claim.
Why Do Insurance Companies Hire Private Investigators?
Insurance companies are businesses first. When you file a personal injury claim seeking compensation for serious injuries, the insurer has a financial incentive to scrutinize your case. One way they do this is by hiring private investigators to observe your daily activities.
Their goal? To catch inconsistencies between what you report and what you’re physically able to do. A short video of you lifting groceries, walking without a limp, or participating in a social event can be presented as “evidence” that your injuries are not as severe as you claimed — even if it’s taken out of context.
Is Injury Claim Surveillance Legal in Florida?
Yes, it is. In Florida, private investigators are permitted to monitor and record you in public spaces where there is no reasonable expectation of privacy. This includes parking lots, public parks, stores, restaurants, and even sidewalks near your home.
However, they cannot trespass on your private property, break into your home, or record conversations without your consent. If a private investigator crosses these lines, they may not only violate the law but also give your attorney grounds to challenge any evidence they obtained improperly.
What Are Investigators Looking For?
Private investigators focus on identifying behaviors that seem inconsistent with your reported injuries. If you have claimed a serious back injury but are seen moving heavy objects, jogging, or doing yard work, the insurance company may use that footage to question your credibility.
Even everyday activities — like picking up a child or attending a barbecue — could be manipulated to argue that you’re exaggerating your injuries. Remember: surveillance footage rarely tells the whole story about your physical pain, medical restrictions, or recovery process.
How Common Is Surveillance in Personal Injury Cases?
Not every personal injury claim involves surveillance, but it is more likely when:
- There is a large potential settlement involved.
- Your injuries are catastrophic or disabling.
- There are discrepancies between your statements and medical records.
- The insurance company has other reasons to suspect fraud or exaggeration.
If your claim involves substantial damages, it’s wise to assume that injury claim surveillance might occur at some point during your case.
How Should You Handle Suspected Surveillance?
If you suspect that an investigator is watching you, the best thing you can do is stay calm. Here are some important tips:
- Always be honest about your injuries with your doctors, your personal injury lawyer, and the insurance company.
- Follow all medical advice and restrictions carefully.
- Act as if you are being observed any time you are outside your home.
- Document your limitations and recovery process thoroughly.
- Contact your attorney if you notice suspicious activity around your home, vehicle, or workplace.
An experienced personal injury attorney will know how to address surveillance evidence and ensure it’s presented fairly in your case.
Conclusion
Insurance companies absolutely do hire private investigators to photograph and video injured claimants. While legal when done properly, injury claim surveillance can feel intrusive and stressful. If you are honest, careful, and working with a knowledgeable personal injury lawyer, you can protect your claim — and your future.
Contact a Florida Personal Injury Lawyer
If you have been involved in a personal injury incident, seeking legal advice is essential to protect your rights. Our legal team has more than 40 years of experience seeking justice for accident victims. Our attorneys have sought and won millions of dollars for our injured clients.
Call 850-601-1111 to schedule a complimentary consultation with no obligations. This consultation will help you explore your legal options. Let us help you fight for fair compensation.
Mark continued his studies at Florida State University College of Law, graduating cum laude in 2008. While in law school, Mark was a member of the Journal of Land Use & Environmental Law and the Journal of Transnational Law & Policy, as well as a certified legal intern with the FSU Public Interest Law Center, where he assisted low-income clients with a wide range of family law issues. He also served as a law clerk intern to The Honorable L. Clayton Roberts of Florida’s First District Court of Appeal.
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