In personal injury cases, surveillance refers to observing or recording a claimant’s activities to verify the validity of their injury claims. In New York, insurance companies and defense attorneys often use surveillance to confirm whether a plaintiff’s reported limitations match their actual behavior.
How Surveillance Works
Surveillance can include video recordings, photographs, social media monitoring, and in-person observation. In New York, private investigators may legally observe individuals in public places, but they cannot trespass on private property, record through windows, or secretly capture private conversations without consent. New York is a one-party consent state for audio recordings, meaning at least one party must agree to the recording.
Why It’s Used
Surveillance helps identify exaggerated or fraudulent claims, gather evidence that may contradict the plaintiff’s statements, and influence settlements or court decisions.
Social Media and Public Information
Posts on social media are public and can be used as evidence. Even innocent-looking posts or photos outside the home can suggest activity inconsistent with claimed injuries.
Impact on a Case
- For the Defense: Surveillance can reduce settlements, discredit claims, or strengthen court arguments.
- For the Plaintiff: Honest claimants can use observations and records to confirm limitations and support the impact of their injuries.
Tips for Claimants
- Be truthful about your injuries and limitations.
- Follow all medical advice and restrictions.
- Limit public activity and social media posts that could be misinterpreted.
- Assume public observation is possible, especially around depositions or court appearances.
Surveillance is a legal and powerful tool in New York personal injury cases. Working with an experienced legal team ensures your case is handled strategically and professionally. At Losi & Gangi, our attorneys guide clients through every stage of personal injury and workers’ compensation claims with expertise and care.
