personal injury surveillance

[Guest]

When surveillance for a personal injury claim has been drastically edited and original SD cards allegedly ''destroyed'' by the defendant can it be relied upon in court?

[Peridot]

That would depend on how evident the editing is on the available copy. Does it change the outcome of the surveillance. It may be easier to give an example
Say the claim was for a significant back injury where the claimant can allegedly not walk, drive or lift anything and the video shows the claimant getting out of the drivers side of a car and unloading shopping from the boot unaided this would of course raise serious questions.

If the video is then edited to show the person stepping out of the car drivers side and stood at the boot then there would need to be further questions asked.

Can you give an indication of the sort of video it is and to what extent it has been edited without giving full details that could identify the person?

It may be necessary in either of the above scenarios to have a medical expert look at the footage in both scenarios and address the question could the claimant with the injuries they allege they have perform any of this, if the injuries were as serious as claimed.

[Trader3]

now signed up as Trader3 - what I was trying to ask is - if a surveillance company has appeared to deliberately destroy video coverage by editing to remove significant sections, supplying DVD and claiming original tapes with full footage have now been destroyed which would show use of walking aids, help with walking/carrying, and clearly struggling in pain etc for on an on going PI claim, should their ''selective edited version'' be relied upon and is it a breech of subject access? could they be reported for doing this?

[Setmefree3]

I guess that you would question the timing of the footage, for example are the footage recordings available to view before and after the recordings that have been submitted for that day. And if not available why?.

[Trader3]

as mentioned chunks are missing on the surveillance provided and the originals have been destroyed that would show the missing significant coverage

[Peridot]

Hi Trader3,

In the usual course of things of course a surveillance instructed by the Defendant will be biased to their take on the matter. However, it would be for your medical expert to consider the video and confirm whether the movements that are shown would be possible with the injury you sustained. You need to discuss this with your lawyer conducting the claim on your behalf, to see how the video evidence can be dealt with. As setmefree3 suggests the timing of the clips shown will be relevant. There may well be explanations for particular movements, or consequences that haven't been shown as a result of those movements. It would be sensible to go through the video and try and recall exactly what happened around the clips so when asked you can explain consequences of movements or routines that you have to deal with the injury you sustained as a result of the accident.

Using the example of a person claiming for a back injury, just because a shopping bag has been loaded into a car by a claimant with a back injury, does not in itself blast the claim out of the water. People still have to try and find ways to function and get their shopping for example. It may be that following a shopping trip the injured person has to lie down for the rest of the day. Of course if the video showed the injured person dancing on tables that may not be so easy to explain. You will get a chance to respond to the implications of the video and explain what is seen.

[Trader3]

if for example the person was filmed in a waiting room for an hour, in clear view yet the moment they got out of a chair walked for some water and again to the WC these bits were not shown on the surveillance produced, it is clear from the timings chunks are missing yet the originals are now not available that would show these sections? this seems so biased

[Peridot]

Hi again,
As I mentioned the Defendant footage is only likely to show actions they believe may indicate the injury you claim may not be as serious as indicated. They are at liberty to do this as part of their evidence defending the claim. It is for you or your lawyers to counter any allegation made by them either through fuller explanation or further medical evidence over what would be expected in the circumstances.

You need to discuss this with your PI lawyer for more guidance on how to deal with the footage.

[davelee]

Hello, I have a claim in progress and the defendants want me to see their expert, The issue is their expert is in London and i am in Manchester, I have nerve damage and am always in pain so would not be able to make this trip without it being detrimental to my physical and mental health, Can they force me to go to London ?

Thanks in advance

[Peridot]

Hi davelee,
sorry to hear of your injury and the potential problems a trip to London could do. You will have to see a specialist so it would be worth asking the defendants if they can find a specialist closer to you to see you. If they refuse then it may be worth speaking to your own treating doctor and ask if they would be prepared to write a letter or contact the defendants to confirm you can’t make the journey due to the injuries. If that is not possible then you may need to go to London. The specialist would then see the full effect of your injuries, although that is of little relief if your pain is increased.
The defendant should take your symptoms into account. If they have already had your medical records you could direct them to those to see the issues you are experiences and which would detrimentally impact you if you had to do this journey.
if you do have to travel don’t forget to keep receipts for the journey as they should be submitted as part of your damages claim. They should be reimbursed if you receive damages.

[davelee]

Hi davelee,
sorry to hear of your injury and the potential problems a trip to London could do. You will have to see a specialist so it would be worth asking the defendants if they can find a specialist closer to you to see you. If they refuse then it may be worth speaking to your own treating doctor and ask if they would be prepared to write a letter or contact the defendants to confirm you can’t make the journey due to the injuries. If that is not possible then you may need to go to London. The specialist would then see the full effect of your injuries, although that is of little relief if your pain is increased.
The defendant should take your symptoms into account. If they have already had your medical records you could direct them to those to see the issues you are experiences and which would detrimentally impact you if you had to do this journey.
if you do have to travel don’t forget to keep receipts for the journey as they should be submitted as part of your damages claim. They should be reimbursed if you receive damages.

Thanks Peridot,

I have asked my Dr for a letter but you seem to suggest that if i make the trip It could benefit me in the long run as their expert would see the "full" effect the trip has had on me ? Your a Solicitor, may i ask what you specialise in please ?

Thanks
Dave