One of the most confronting and stress-inducing aspects of pursuing a personal injury claim can be fear of surveillance. Often Claimants feel uncomfortable with the idea of surveillance, not because of any fraudulent activity, but due to the invasive nature of such an issue. This blog aims to explain why surveillance can occur in a personal injury claim, and the important considerations for personal injury Claimants. 

Are they allowed to out surveillance on me?

Throughout the course of a personal injury claim, defendants are entitled to place surveillance on the Claimant. One popular method of surveillance is through looking and searching a Claimants social media profiles, where these profiles are public any person is able to observe content. Due to this Claimant should be always mindful of whether they allow their social media profiles to be public and who they choose to accept as contacts on online sites. 

Why does surveillance occur?

While the vast majority of personal injury Claimants suffer legitimate injuries and suffer serious negative impacts both personally and financially, relevant insurance companies can order surveillance of a Claimant in an attempt to catch the Claimant acting in a manner inconsistent with their injuries, for the insurer to then present as evidence of a fraudulent or exaggerated claim. 

When does surveillance occur?

Throughout a claim surveillance can occur at any time, however there are times when a Claimant is at greater likelihood of being watched. The most common time for surveillance is when a Claimant attends their independent Medico-Legal examinations, particularly for the defendant. The reason for this si that the insurance company can guarantee the location of the Claimant, and thus can easil detect and predict where a Claimant is going to be. 

Types of Surveillance

As society becomes more digitalised, the type of surveillance of Claimants has changed. In modern times the majority of surveillance takes place online, through the checking and examination of Claimants social media accounts. The defendant can utilise sites like Facebook, Instagram and Snapchat to observe and garner information about the Claimants activities.  

Should I be concerned?

Claimants need not be concerned about the potential for surveillance in a personal injury claim. In person surveillance is generally rare and does not pose an issue for the vast majority of claims. Provided Claimant’s are not acting in a manner inconsistent with their prescribed injuries then there is very little concern for Claimants regarding the issue of surveillance. Any images or videography gathered by the defendant are used purely for the purposes of the claim and are not sold or republished. 

What next?

Any additional concerns about surveillance can be discussed with your personal injury lawyer if you have already begun a claim process. If you are considering pursuing a claim, it is important to be aware that surveillance may occur, however it should not prevent a person from seeking a claim for damages suffered, especially provided the rarity of heavy surveillance. If you or someone you know has suffered a personal injury whether it be in the workplace, in a motor vehicle accident, or any other means, it is always important to get an assessment of your rights before proceeding with any return to work, or claim process. Contact Littles Lawyers today for a free initial consultation and assessment of your circumstances.

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