After my attorney told me to expect to be followed and videotaped, I never got used to the feeling that overtime I left my home, someone would be watching me with a video camera.I went about my business but it was a weird feeling thinking someone was possibly recording my every movement. Ultimately I just tried to put it out of my mind. But during these four years and two months in my case, I did stay home more than if I weren’t under such scrutiny.
With that being said, today I am sharing a Takeaway from my book, Plaintiff 101, that should help you understand why and how the defense will use surveillance tapes against you and how you need to handle it!
If the defense does produce surveillance videotapes, have your attorney’s office meet with your medical providers and experts, with tapes and monitor in hand to show them the actual activities. By doing so, you have taken away any element of surprise the defense attorney hopes to have during his examination of your medical treaters and other experts in deposition or trial. Physicians are independent by nature and will not appreciate defense investigators conducting surveillance on their patients. Even if they don’t like testifying at trial, this kind of stunt will usually energize a treating physician, motivating him to be an excellent advocate at trial or in deposition. Jurors do not love this form of investigation either. If the activities can be explained and justified by your treating physicians and experts, it will do serious harm to the defense’s case.
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