It is commonly represented in movies and TV that insurance companies will send a private investigator out to make sure a claimant isn’t lying about their injuries. There is nothing more damaging to a plaintiff’s case (or more dramatic!) than the Defendant's attorney discrediting the Plaintiff's testimony with pictures or video showing them doing something they just said they could not. Jurors do not respond well to being lied to. And nor should they.
While accident fraud happens, and we certainly do not condone it, most injured plaintiffs that bring lawsuits really are injured. It can be an uncomfortable thought that a private investigator could come out to view your activities and catch you in the act of doing something you said you couldn’t. This is especially true if you are doing an activity somewhere in the grey area of being able to do it. Life is not always as black and white as questions in depositions may seem.
The good news for most personal injury victims is that it is pretty unlikely that an insurance company will hire a private investigator on your case. There simply aren’t enough resources to do that. If, however, you are involved in litigation and claiming that your physical injury is preventing you from ever working again, then you are a good candidate to be investigated. It all depends on the facts of the case and what you are claiming. Most minor car accidents will not see this pre-suit if major injuries aren't claim. Usually it only occurs when cases are in litigation.
