The defence uses surveillance evidence to assess personal injury claims. First and third-party insurers use video surveillance and cyber spying on Google, Facebook, LinkedIn, and other social media platforms. Plaintiffs must realize that the right to privacy no longer exists in our digital world. Cameras are everywhere recording practically every action we make. GPS sensors in our phones and computers follow us instantly.
Plaintiffs today are easy prey and can be their own worst enemies depending on their online presence. Today’s personal injury claimants must anticipate that a judge or arbitrator will see everything. Defence surveillance evidence can often kill a lawsuit or significantly reduce the Plaintiff’s damages. We learn visually and visual memory retention outperforms audio recall.
In the case Chae v Min 2001 ABQB 1107, the judge found that the video surveillance showed the Plaintiff was able to work and operate his service station several month after the accident. The Judge also stated it is difficult to quantify an award for business loss when there has been deliberate exaggeration. The Plaintiff’s damages were reduced.
In Jomha v Hicks Estate 2010 ABQB 551, the Court accepted that the Plaintiff had suffered a mild back strain and was not prepared to find the Defendant liable for the Plaintiff’s ongoing back pain. There were conflicting expert opinions and video surveillance showed the Plaintiff engaging in bodybuilding training and other activities. The Court found “that the plaintiff suffered a soft tissue injury to his back which settled down within a year at which time it had become sporadic and episodic.” The Plaintiff’s damages were reduced.
In Bumstead v Dufresne 2015 ABQB, the Plaintiff in this case claimed that he had chronic pain and his severe disability completely prevented him from working. At trial he was confronted with video surveillance that showed him doing substantial mechanical work. The Court did not find the Plaintiff credible and reduced the damages.
In today’s world, video surveillance can play a pivotal role in the outcome of a Plaintiff’s personal injury case. It has the power to provide undeniable evidence and counter false narratives. Video surveillance can be damaging to the Plaintiff’s credibility and it used to impeach the credibility of the Plaintiff.
If you are injured in an accident call Limitless Law today.