Why Was My Personal Injury Claim Denied by Insurance?
Just like a workers' compensation case, personal injury cases can sometimes be worth a lot of money. If a person is injured due to the negligence of another person, group, or business, their medical bills may be expensive and long-term. Insurance companies may be resistant to pay full benefits to the injured person. To achieve this, they may deny a claim or try to prove that the injured person isn't injured at all. Surveillance is a common way of doing this.
Legality of Surveillance in Florida Personal Injury CasesSurveillance is legal in Florida in some cases. It is legal for someone to take pictures or video of your activities outside of your home. However, it is illegal for them to record your voice without your consent. According to the law, it is also illegal for anyone to intercept phone calls or other electronic communication and use it without your consent.
If you are injured and your claim is worth a lot of money, a private investigator might be hired to observe your activities. Those who have to pay the money--insurance companies, private businesses, or individuals--may resort to this tactic if they think you are exaggerating the injuries to win a large settlement. This is nothing to worry about if you follow instructions given to you about your recovery. If a doctor tells you not to lift more than 10 pounds, don't lift more than 10 pounds unless necessary.
A private investigator may try to observe you doing the following activities if they conflict with the recovery recommendations:
- Working in your yard or on your home
- Shopping or running errands
- Lifting children, groceries, or other heavy objects
- Exercising or playing sports
- Be licensed by the state
- Satisfy good moral character requirements
- Pay all required fees for licensing
Recovering from a personal injury is hard enough without the concern of surveillance. If you are ever unsure, consult an attorney to learn what a private investigator can and cannot do when it comes to your right to privacy.