Navigating a personal injury case can be complicated. You may be dealing with complex insurance claims or taking your claims to a courtroom, neither of which is simple. To make matters more complicated, insurance companies often hire private investigators to surveil injured victims to see if they are lying about their claims.
While being followed or surveilled during a personal injury case might feel invasive, it is not necessarily illegal. Private investigators may follow you, photograph you, and even record videos of you if you are in public places. Many people do not realize they are being surveilled, as investigators tend to be discreet. However, if an investigator crosses the line and their actions illegally invade your privacy or constitute harassment, you should seek help from your lawyer right away.
Get a private, free legal assessment from our San Antonio, TX personal injury lawyers when you call The Queenan Law Firm at (817) 476-1797.
How You Can Be Surveilled During an Injury Case in Texas
Being surveilled under any circumstances sounds like something out of a dystopian movie, but it is more common than you think. If a person files a personal injury lawsuit, it is not unusual for defendants and insurance companies to hire private investigators to secretly surveil plaintiffs.
Private Investigators
A private investigator often conducts surveillance. The defendant or an insurance company may hire the investigator to gather information about the plaintiff and their injuries. Specifically, the investigator is looking for any signs that the plaintiffs’ injuries might not be as severe as they claim.
Remember, private investigators are not police officers. They do not have the authority to enter your property without your permission, and they cannot detain you or take you into custody. However, they may report their findings, if any, back to the person who hired them.
Following You in Public
One method that private investigators commonly employ when surveilling a personal injury plaintiff is to follow them. This might sound a little scary, but it is not illegal. A private investigator may follow you just about anywhere if you are in public.
While following you, the investigator may make notes of your behavior. For example, if a plaintiff claims they are seriously injured but the investigator follows them to the gym and sees them engaging in vigorous exercise, the investigator may report back to the person who hired them that the plaintiff is not as injured as they seem.
Recording Photos and Videos
Private investigators need evidence of any suspicious behavior they might observe. They often take photos and record videos of unsuspecting plaintiffs in public. Again, this may feel overly invasive, but it is perfectly legal if you are in public.
If you leave your home while a personal injury case is pending, you should conduct yourself as if you are on camera. Our Dallas personal injury lawyers can advise you on how to act in public and how to protect your privacy. You might have nothing to hide, but anything could be misconstrued in court.
Limitations on Surveillance During an Injury Case
While a private investigator may surveil you while your personal injury case is pending, they must abide by certain limitations.
No Trespassing
When you are on your private property, an investigator hired to surveil you may not follow without your consent. You cannot be surveilled in any way while in your own home.
This means that if you are in your home, a private investigator cannot use a zoom-lens camera to photograph you in your house from across the street. Generally, you should not be surveilled in any place where you have a reasonable expectation of privacy.
Invasions of Privacy
While an investigator can follow and even take pictures of you in public, they should not violate your privacy. Again, an investigator cannot surveil you in your home, but there may be other places where you have an expectation of privacy.
For example, if an investigator follows you to the gym, they should not take photos or record videos of you in the locker room. While the locker room is open to all gym-goers, it is still considered a private place where people may undress.
An investigator should also refrain from accessing private or personal records or information without your consent.
Harassment
In some cases, an investigator may not be so discreet about surveilling someone. Generally, personal injury plaintiffs being surveilled are unaware that they are being watched. However, some investigators might go too far and make their presence known.
If a person becomes aware that an investigator is following them, they may ask them to stop. If they refuse to stop, their actions might be considered harassment. If you feel you are being harassed by an investigator hired to surveil you, contact your attorney for help immediately. In some cases, it may be necessary to involve law enforcement.
FAQs About Being Surveilled During a Texas Injury Case
Can a Personal Injury Victim Be Surveilled During an Injury Case?
Yes. While a personal injury case is pending, the defendant and their insurance company may hire a private investigator to surveil the plaintiff. This may involve following the plaintiff in public spaces and photographing and recording their behavior. This can feel invasive, but it is not inherently illegal.
Who Can Surveil You During an Injury Case?
Generally, private investigators are hired to surveil plaintiffs in personal injury cases. These are not members of law enforcement, and they do not have legal authority to enter your private property, seize your belongings, or detain you in any way.
How is Surveillance Limited During a Personal Injury Case?
While being surveilled is not illegal, there are limits to how far investigators can go. First, a private investigator may surveil you in public places. They cannot follow you or record you in your home or other places where you have an expectation of privacy. They also cannot do anything illegal, like accessing your private records or harassing you.
What Should You Do if Someone Surveilling You Goes Too Far?
If an investigator oversteps and invades your privacy, trespasses on your property, or harasses you, you should inform your lawyer right away. Your attorney can reach out to the court and explain that the defendant’s investigator has crossed the line. The court may impose sanctions and force the investigator to stop surveilling you.
How Do You Know if You Are Being Surveilled?
You might not know you are being surveilled until after an investigator has gathered evidence and presented it to the defendant. Even so, if you discover that you are being surveilled, talk to your lawyer. They may advise you on how to conduct yourself in public and how to protect your privacy.
Contact Our Texas Personal Injury Attorneys for Legal Support Now
Get a private, free legal assessment from our Lubbock, TX personal injury lawyers when you call The Queenan Law Firm at (817) 476-1797.