Recently the victim of a car accident, who was injured, was spied upon by the insurance company defending the at fault driver. The lawyers then used the video DVD from the spying on the victim to convince the trial to throw his case out of Court and not let a jury compare what he said his injuries were and was he was able and not able to do (his limitations) to the video and make a determination as to his actual damages!
Luckily, the Fifth District Court of Appeal in Daytona Beach saw through the spying and manipulation of the legal system and reversed the trial court ruling. As the appellate courts pointed out “any discrepancies between [the victim’s] testimony and the [spying] DVD are best resolved by a jury.” The Court referred to prior opinions which stated “In all but the most extreme cases, our system entrusts juries with the ultimate decisions as to whether claimed injuries are genuine or not. Our experience has demonstrated that juries deserve this trust and that they are well able to discern the truth and to render judgment accordingly.” Here in Orlando, it was the law firm and the insurance company which believed they knew better than a jury, what should happen and tried to prevent an accident victim from having his day in Court.
This is one reason why you should hire a lawyer to protect your rights whenever you are involved in a car accident. After all, the car accident insurance companies like State Farm, GEICO, Allstate, USAA, Traveler’s and on and on and on … have lawyers on retainer and staff to try and find ways to dismiss your case, rather than pay you for your damages. The insurance companies think it is easier and cheaper to pay spies to spy on you, rather than pay you the compensation you deserve.
I do not know what was or is on the spying DVD, but be careful. Whenever you make a claim for injuries you can expect to be spied upon by the insurance company and the insurance company’s lawyers. They will mine though your Twitter account, Facebook page, and other social media ages or accounts looking for reasons to not only deny your claims, but to ask the Courts to throw tyour case out of the courtroom! Here at the Cressman Law Firm, one of the first pieces of advice we give our clients is to make sure they make their social media accounts “private” – meaning only your trusted friends will have access to your stories and pictures.
As for the acts of spying by the insurance companies – they see these acts as “legitimate” means of gathering “evidence” in a case. Never mind that after you have been out working in your yard you went back in the house and had to lay down for hours to recuperate, or that after help unload the groceries you had to sit until your neck pain subsided, or that you are taking handfuls of medications to make it through the day. In the eyes of the insurance company – you are lying about your injuries and should have yopur case thrown out of the courtroom.
BEWARE, if you have been injured in a car accident in Florida, you will be the subject of spying by the insurance companies. Be careful to state what you can do and what you absolutely cannot do after an accident. Use works like “I cannot” or “I no longer” or “I am unable” to do certain tasks. That is the key words the insurance companies and their lawyers will try to convince you to say, so they can spy on you and try and prove you wrong.
Get help today! Get representation today! Call the Cressman Law Firm and speak to Mark about your injuries today. Get the compensation you deserve today.