Surveillance vs Insurance Fraud

A man required an extensive operation on his knee after it was injured in a car accident that was not his fault. He claimed he could no longer engage in normal activities and sued the negligent driver of the other vehicle. The injured man walked in to his deposition using a cane. Under oath, he claimed to be in constant pain and to have limited use of his knee. When the plaintiff’s attorney viewed a surveillance video taken by the defense which showed the man playing tennis, jumping and running around the court, the plaintiff dismissed his case.

Insurance Fraud Investigations

Florida Bar Association Recognizes the Value of Private Investigations

The Florida Bar Association (FBA) recognizes there is a public interest in reducing fraudulent personal injury claims. The FBA states, “A plaintiff must expect that a reasonable investigation will be made subsequent to the filing of a claim.” Since 1965, Florida courts have not only accepted surveillance as a means of investigating fraudulent claims, the courts have encouraged it. Even so, there are some parameters that must be met in order for surveillance results, including audio and video surveillance, to be admissible in court proceedings.

Why you Need a Private Investigator to Conduct Surveillance

Personal injury fraud is becoming more and more common. It is considered fraud to claim a nonexistent injury, exaggerate the extent of an injury or claim an injury that is totally unrelated to the accident for which the claim has been made. Surveillance, which involves watching the subject’s movements, interactions and general activity, is a valuable tool in exposing the fraud. Hiring a private investigator to conduct surveillance is the best option for many reasons. Private investigators are:

  • Licensed and insured and know the laws applicable to surveillance techniques. They often work with the police in their investigations so you do not have to worry about them running afoul of the law.
  • Trained to use audio and video equipment in the course of conducting the private investigations.
  • Experienced in testifying in court and at depositions and know how to properly authenticate audios and videos.

At The Grafton Group, we do surveillance for civil cases in Tampa, Florida and surrounding counties. We are discreet and conduct all private investigations with the utmost integrity. Contact us for more information.