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The Role of Surveillance in Personal Injury Cases 

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When you file a personal injury case, the defendant’s insurance company may go to great lengths to discount your claim. Many people are surprised to learn that surveillance may be  a common tactic used by insurance companies in personal injury cases to dispute injuries or disprove claims. But what lengths are insurers permitted to go to for evidence collection, and what can you do in the face of such tactics?

Learn more about the role of surveillance in personal injury cases. Then, consult a personal injury lawyer in Mobile, AL, for guidance on your next steps. 

What Level of Surveillance Is Lawful in Alabama? 

Surveillance in personal injury cases may feel like a significant invasion of your privacy, and you may wonder how this practice is legal. In Alabama, surveillance is only legal in personal injury cases when it adheres to strict guidelines.

Insurance companies can only film or record you in public spaces. However, there is a wide range of “public spaces” in which an insurance company might attempt to watch you. The insurance company, or, more specifically, the private investigators hired by the insurance company, might:

  • Film you from a public vantage point outside your home
  • Record your activities outside, such as in a park, outside a store, walking around your neighborhood, etc. 
  • Film you near public-facing businesses, such as a grocery store or gym 

It is also lawful for the insurance company to monitor your public online activity, such as your social media posts, photos, check-ins, and comments. In some cases, they may be able to access your private activity through subpoenas or even by requesting screenshots from people who are your friends on these platforms. 

However, there are many surveillance activities that would be unlawful for an insurance company to engage in, such as:

  • Violating wiretapping laws to gain audio from you
  • Trespassing on your property to surveil you
  • Installing tracking devices on your vehicle or belongings
  • Hacking your online accounts

You shouldn’t need to worry about an insurance company using these tactics during your claims process or the discovery phase of a lawsuit. Understanding what types of surveillance are and are not legal can help you feel more comfortable with the idea of being surveilled. 

What Are Insurance Companies Looking for When They Surveil You? 

Why do insurance companies use surveillance in personal injury cases? You may feel this is unreasonable because it’s not like you committed a crime. Additionally, you may feel the insurance company’s client is the one who is responsible for the accident and that you did nothing wrong. 

The main reason an insurance company would use surveillance in your case is to attempt to disprove any of your claims, weakening the case. If they can prove that you were dishonest about even one element of your case, they can place doubt in the judge’s or jury’s minds. Alternatively, if your case is still in the claims phase, they can use this evidence to deny the claim. 

Here are a few examples of how insurance surveillance is used:

  • You have claimed that your doctor ordered you not to lift more than 10 pounds during your injury recovery, but the investigator sees you lifting heavy weights at the gym. 
  • You stated that you seriously injured your back in the accident, but the investigator sees you effortlessly lifting boxes at work.
  • You have claimed that the injuries have prevented you from living your normal life, but the investigator finds images of you dancing at a party on social media. 

In each of these examples, the insurer might use the evidence collected to suggest that you were lying about your injuries or that they are not as severe as you claim. This evidence alone may not be enough to disprove your claim, but it could be combined with other evidence that weakens the case overall. 

What Should You Do if the Insurance Company Is Surveilling You? 

Knowing that the insurance company involved in your case may be surveilling you can be concerning. Your personal injury attorney can help you understand your options and how to proceed. 

First, it might help you to know your rights surrounding surveillance. You generally have the right to discover details about the surveillance, though it may not be until after deposition, depending on court rules. You should also understand the types of surveillance the insurance company can lawfully conduct, and know that when you are in a private setting, surveillance would be unlawful. 

You can generally act normally even if you know you are being surveilled. If you have a strong case, you shouldn’t need to worry about the insurer finding evidence against you. But you may want to at least be aware of how certain actions or social media posts could come across to the insurance company.

Finally, you may want to contact an attorney to learn more about your rights and options. A personal injury attorney can help you with proving fault in your personal injury claim and understanding the insurance company’s rights, along with the legal implications of their finding evidence that weakens your claim. 

Contact Jackson & Foster Law Today for a Legal Consultation 

Surveillance in personal injury cases is just one of the many aspects of your legal claim that may feel unfamiliar. With an experienced attorney on your side, you can feel more comfortable and confident navigating your case while understanding the mistakes to avoid that could compromise your claim. 

Jackson & Foster Law represents clients across the Mobile, AL, area through personal injury cases and insurance litigation. We offer affordable representation backed by nearly 40 years of experience.  

Contact us today at 251-433-6699 to request your free legal consultation. 

Does Wrongful Death Count as a Personal Injury?

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When your loved one was injured in a medical malpractice event, car accident, or similar type of incident, you may have originally considered pursuing a personal injury case. But now they have passed away, and you are wondering about your legal rights and options. 

You may have the right to pursue a wrongful death case on their behalf. Is wrongful death a personal injury, or are these two distinct types of legal cases? 

A personal injury lawyer in Mobile, AL, can provide a more personalized answer to this question based on the specific circumstances of your loved one’s death. While wrongful death and personal injury are similar concepts, they have some distinctions that you should be aware of. 

Wrongful Death and Personal Injury Have Similar Criteria

Wrongful death is a type of civil lawsuit filed by the estate representative (personal representative) of a person who died due to another party’s negligence, recklessness, or intentional act. Personal injury lawsuits are legal claims that arise when a person is injured due to another’s negligence, recklessness, or intentional act. As you can see, these two concepts have overlapping definitions. 

Wrongful death is similar to personal injury, but Alabama treats wrongful death as a distinct cause of action, not a personal injury claim. However, a rule of thumb for determining whether you may have a wrongful death case is assessing whether your loved one would have had a personal injury case had they survived the accident. Though this is a general way of looking at these situations, and each case should be evaluated on its own facts. Both types of claims may involve meeting the following criteria:

  • The defendant owed the plaintiff (or deceased person) a duty of care
  • The defendant breached the duty of care
  • The breach of duty of care caused an injury that led to damages 

Both of these cases can also arise from the same types of incidents, such as:

  • Car accidents
  • Pedestrian accidents
  • Medical malpractice
  • Product liability incidents
  • Slip-and-fall accidents

How Wrongful Death Differs From Traditional Personal Injury Cases

Wrongful death and personal injury claims both involve seeking compensation from a person or entity who is responsible for another person’s injuries and damages. They are both types of civil legal action that can escalate to court, if necessary, to reach a settlement or determination. 

Is wrongful death a personal injury? There are a few notable distinctions between these two claims:

  • Statute of limitations: The statute of limitations for a personal injury claim in Alabama is generally two years from the date of injury; for a wrongful death claim, it is generally two years from the date of death. Exceptions exist for both types of cases. 
  • Plaintiff: The plaintiff, or person pursuing a claim, in a personal injury case generally is the injured person. The plaintiff in a wrongful death case generally is a representative of the injured. In Alabama, in many cases, only the personal representative of the deceased person’s estate can file a wrongful death case, though the family members are often the ones who benefit. 
  • Damages: Personal injury damages seek to compensate the injured person for the losses they experienced from the injury, with a goal of making them “whole” again. They can include both economic and non-economic damages. In Alabama, the purpose of many wrongful death cases is to punish the liable party and set a precedent for others. Only punitive damages are available in many of these cases. 

What Happens if a Person Initiated a Personal Injury Claim Before They Died? 

In some cases, a person who was injured in an accident due to another person’s negligence passes away before they can see the outcome of their personal injury claim. Personal injury claims that have already been filed generally survive the death of the plaintiff; the plaintiff’s successor, such as their personal representative, can usually take over the claim and seek compensation on their behalf. 

If the plaintiff died due to their injuries from the accident they were initially seeking compensation for, the family might be eligible to pursue a separate wrongful death claim to seek punitive damages. Speak with a personal injury attorney about your rights and options in this scenario. 

Civil vs. Criminal Cases for Wrongful Death 

Wrongful death cases can sometimes involve criminal actions.. For example, manslaughter and murder can result in criminal charges, and the personal representative of the victim may also be able to pursue a wrongful death case. 

In some cases, the surviving family members must navigate both a criminal trial and a civil lawsuit at the same time. While the state is responsible for trying criminal cases, the family may still be involved as witnesses or want to attend the trial. An experienced wrongful death attorney can help the family seek wrongful death damages and navigate the civil litigation process during this overwhelming time. 

The Burden of Proof for Personal Injury and Wrongful Death Cases in Alabama

For both personal injury and wrongful death cases in Alabama, the plaintiff must prove through a “preponderance of evidence” that the defendant’s wrongdoing caused the injury or death. This means that the plaintiff must show that it is more likely than not, with over 50% probability, that the defendant’s actions caused the damages. 

This burden of proof is distinct from criminal cases involving death. For example, in Alabama homicide cases, the prosecution must prove guilt “beyond a reasonable doubt.” This means that in some cases, a defendant may be found not guilty for criminal acts involving death yet still be held liable for the decedent’s death through a civil claim. A wrongful death attorney can help you understand this legal distinction and whether you may have a viable civil case. 

Seek Legal Assistance With Wrongful Death Claims in Alabama 

Is wrongful death a personal injury? These two types of cases have many similarities and a few important distinctions. If your loved one passed away due to another person’s negligence or intentional act, an attorney can help you understand your rights and options. 

At Jackson & Foster Law, we represent clients through personal injury lawsuits, wrongful death claims, and related civil matters. For affordable legal services, request a free consultation today by calling 251-433-6699.

Myths About Personal Injury Claims in Mobile, AL

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When you get hurt, you may hear a lot of conflicting advice, between social media, TV shows, and “a friend who once had a claim.” Unless you consult with a Mobile personal injury claim attorney who understands the law and the claim process, it’s easy to get confused.

People often come to us with misconceptions, so it’s essential to clarify some of the most common personal injury myths.

Myth #1: The Outcome Will Be the Same Whether or Not You Have an Attorney 

It might seem simple: file a claim, get a check, move on. But personal injury claims are rarely that straightforward. Without experienced guidance, you may end up accepting a settlement that doesn’t fully reflect the extent of your losses.

A personal injury lawyer who understands how to gather evidence and negotiate effectively can help you protect your interests.

Myth #2: Hiring a Lawyer Is Expensive

Assumptions about the cost of hiring an attorney deter many people from seeking help with their claims. 

However, most personal injury attorneys don’t require clients to pay anything up front. They work on a contingency basis, and only get paid a pre-determined percentage of the settlement amount if they recover money for you. In most cases, if no compensation is recovered, clients typically do not owe attorney fees.

Myth #3: Every Personal Injury Case Goes to Court

The majority of personal injury claims settle out of court through negotiation or mediation. Trials are generally the last resort when both parties are unable to reach an agreement.

Attorneys typically seek an injury settlement first, as going to trial can take months (or years). Reaching an agreement early often benefits everyone involved. That said, your lawyer should be prepared to go to court and argue on your behalf.

Myth #4: Minor Injuries Aren’t Worth a Claim

Even injuries that seem minor at first can develop into major problems over time, disrupting your life and ability to work. A slight back strain, whiplash, or concussion may not seem serious at first. Still, lasting pain or complications can result in significant expenses, financial losses, and time away from work, diminishing your quality of life.

Negligence law is designed to provide a legal remedy in these situations. If someone else’s carelessness caused your injury, you may have the right to pursue legal compensation, depending on the circumstances of your injury.

Myth #5: The Insurance Company Will Always Treat You Fairly

Many people assume that insurance companies will act in their best interests, but this is one of the biggest (and most detrimental) personal injury myths.

Insurance companies aim to generate revenue and maximize profits, just like any other business. 

In practice, this can mean that they might downplay your injuries, question your medical treatment, or even suggest the accident was partly your fault to reduce their liability. The result can be a denied claim or a settlement offer that isn’t equal to your losses.

Personal injury lawyers understand accident liability and Alabama law and can deal with the insurance company to help ensure that the process is handled appropriately. 

Myth #6: You Can File a Claim Anytime

This personal injury myth often catches people off guard. Alabama law typically allows two years from the date of the accident to file personal injury claims. Missing that deadline could mean losing your right to recover compensation entirely.

There are exceptions, but they’re rare. In any case, if you believe you have a case, it may be important to make the claim as soon as possible. Evidence fades, witnesses move away, and memories blur, so acting quickly can help preserve evidence and strengthen your position.

That said, you don’t need to sue immediately. Many claims begin with a demand letter or negotiation phase before a lawsuit is filed. However, it’s worth consulting with an attorney early on to understand your rights and begin building your case. This way, if the insurance company denies the claim or makes a lowball offer, you are ready to go to court if necessary.

Myth #7: You’ll Receive a Substantial Financial Recovery Just Because You Were Hurt

Some personal injury cases result in six- or seven-figure settlements, but not every claim leads to a large payout. The amount of legal compensation may depend on various factors including the severity of your injuries, medical costs and lost wages.

Why You Need To Know the Truth About These Myths 

Believing these personal injury myths can affect your ability to secure a fair settlement after an accident. Not only can misinformation about the process and the potential award amount set up unreasonable expectations, but you might take steps that unintentionally weaken your case. For instance, you might accept a low offer, delay action for too long, or fail to document key evidence, all of which can affect your position and the potential outcome of your case.

At Jackson & Foster Law, we’ve seen how confusion can make an already difficult time even harder. Our goal is to help clients in Mobile, AL, understand their rights and make informed decisions about their cases.

Talk to a Mobile, AL, Personal Injury Lawyer Today

If you’ve been injured in an accident and aren’t sure what to believe, you don’t have to figure it out alone. The team at Jackson & Foster Law can help you cut through the confusion, explain your options, and guide you toward the next steps.

Whether your injuries are due to a car accident, a slip and fall, or you’re dealing with a case of medical negligence, the team will guide you through each stage of the process.

Contact us today at 251-433-6699 to request a confidential consultation about your personal injury claim and learn the truth about common personal injury myths and your rights under Alabama law.