As the defense attorney in any personal injury case, at some point you will need to decide whether you want to retain an investigator to observe the plaintiff. There are many factors to consider. First, does the case warrant surveillance? For example, if the plaintiff filed the case as an arbitration matter and she has not had any medical treatment for the alleged injury for over a year, surveillance may not help your defense. In addition, your client likely won’t authorize the expense.
Second, does the plaintiff live or work in an area that lends itself to surveillance? If your investigator will have difficulty positioning himself to capture valuable footage, it may not be worthwhile.
