Nothing is as intimidating as the thought that you might be under surveillance. A few of my clients have been burned by it. They have taught me some lessons about what to expect and I pass it along to you here. A few simple examples will make it clear why surveillance was effective in these cases. In each case my client had been caught lying on deposition:
- RSD client said she could not use her right arm because of the severe pain caused by this horrible disease. She would not allow the Defendant’s Doctor to touch it because it was so painful. She worked in a drugstore. The Defendant’s investigator (spy) came in with a hidden camera and asked her to show him some merchandise on the top shelf. She reached up and took it down and showed it to him, all while the camera was secretly filming her right arm moving without any apparent pain. She ruined her case.
- Client in a car accident claimed she was not able to lift a gallon of milk because of pain in her arm. The Defendant’s investigator sat in the parking lot of a local grocery store and filmed her taking a gallon of milk out of her grocery cart with her “bad arm.” She ruined her case.
- Client who claimed his back was hurt in an accident. He was a roofer by trade. He was filmed climbing up and down a ladder carrying roofing supplies. He ruined his case.
In each case my client said they could not do something that they obviously could do. So when you give a deposition and are asked detailed questions about your pain and what you can not do anymore, please remember to tell the truth! Evidence which tends to discredit you will be admissible at trial and will seriously ruin your case.