For years, insurance companies have employed private investigators to capture video and photographic surveillance footage of plaintiffs who have sustained personal injuries in motor vehicle accidents or slip, trip and fall accidents and are in the process of advancing a personal injury claim.

It is not uncommon for personal injury plaintiffs to find themselves being watched or followed from a distance. While this is, without a doubt, an unsettling feeling, it is not illegal and is a common tactic utilized by insurance companies and defence counsel in refuting a personal injury claim.

The ultimate goal is often to disprove the evidence of the personal injury plaintiff and portray them as capable and able to perform activities of daily living thereby minimizing the significance and impact of their personal injuries.

While a plaintiff prosecuting a personal injury claim must be cognizant of the fact that they may be watched at all times, it is prudent that they attempt to live their daily life as best as possible despite their personal injuries and the impairments that they suffer from.

Courts in Canada have repeatedly accepted video and photographic surveillance footage as acceptable at personal injury trials, however, they have also affirmed that they are cognizant of the fact that this footage is simply a snapshot(s) in time and does not portray how the personal injury plaintiff is feeling inside or what they are doing to combat their personal injuries behind closed doors.

What is important is that a personal injury plaintiff is always forthright, honest, and credible while advancing their personal injury claim so as to ensure that any video or photographic footage does not undermine their personal injury claim and their credibility.

Contact a lawyer at Law Fifty One to receive a free consultation. At Law Fifty One, our lawyers are specialized in personal injury claims and will be able to provide you with the proper guidance to receive favourable compensation for the personal injuries and damages that you have sustained.