If you get injured in any sort of accident, one of the first things you’ll need to do is file your insurance claim. However, there’s always the chance that your claim will be denied. Personal injury lawyers in Henderson see this all the time. They understand that, if your claim is paid, you won’t really need a personal injury lawyer in the first place. But what if someone were to hire an investigator to follow you?
Whether you suffer a slip and fall or negligence at the hands of your doctor, you may have a claim for damages. However, in order to get these damages, your personal injury lawyer will need to do two things. First, they’ll need to prove that the defendant caused your injuries. Second, they’ll have to show that you suffered an actual injury.
While your lawyer is working hard to prove your case, the defendant’s attorney is working hard to prove theirs. This means that they’ll do whatever it takes to prove that you don’t deserve any compensation at all. They may do this by arguing that you caused the accident. Or, they’ll say that you weren’t really injured. This means they may hire an investigator to follow you. While this may seem like an invasion of privacy, the minute you file your claim, you open yourself up to this kind of intrusion.
Why Would Someone Hire an Investigator to Follow You?
One of the easiest ways to prove that you weren’t injured is to get proof that you’re fine. Defense lawyers do this all the time. Rather than spend thousands of dollars and tons of hours poring over medical records, this can be easier. Their PI will look to see if you’re really hurt or not.
For example, let’s say that you sued a local casino for a slip and fall. You claimed that you injured your neck and back. As part of your claim for damages, you ask for pain and suffering. You also demand compensation for lost wages. You argue that your injuries are so bad, you can’t work anymore.
Now, let’s say that the defendant hires an investigator to follow you around for a couple of days. They videotape you doing the following:
- Rollerblading for over an hour
- Doing lawn work that requires a lot of bending over
- Playing basketball
- Working out at the gym with heavyweights
- Wearing your neck brace in public but taking it off as soon as you get home or to a social function
These are the kinds of things that can destroy your case. Many personal injury attorneys in Nevada have been surprised by this kind of evidence. The problem is, there is really no way to overcome this kind of evidence. If a jury sees this, they’re going to assume that your injuries aren’t legitimate. If this happens, you’re not going to get a dime in damages.
Can the Defendant Use This Evidence in Court?
The defendant is allowed to use information gathered by a private investigator in court. In fact, they can show still pictures or play a video. And, if they do, you’ll be forced to sit in court and watch it along with the judge and jury.
Once the defendant finds this kind of damaging information, your Las Vegas personal injury lawyer will know it. They’ll get a phone call or email letting them know that they have damaging evidence. Your lawyer will have little choice but to discuss a settlement. Sadly, this settlement will be much lower than you would have liked.
Sometimes, the information itself isn’t all that damaging. For example, if the investigator sees your grocery shopping, that doesn’t necessarily prove that you weren’t hurt. However, as these little things add up, it can convince a jury that maybe you’re lying about your injuries. If this happens, there’s a good chance you can lose your case. Rather than have this happen, it’s important that you follow your doctor’s instructions after your accident.
Contact a Personal Injury Lawyer in Las Vegas Right Away
If you or your loved one are injured in any sort of accident, you need help. You need to focus on getting better. You won’t have time to argue with insurance adjusters or sit on the phone with lawyers. This is why you need to contact an aggressive personal injury law firm in Nevada right away. They’ll make sure your claim is handled properly from the start.
Call Nettles Morris Law Firm today and schedule your initial consultation. It’s absolutely free and you pay nothing until you settle your case.