Legal Issues

Litigation Quick Take: Personal Injury Damages - December 22, 2020

Joni L Ploeger

Q: I have been sued for personal injury damages, but I believe the alleged damages are meritless. How can I prove that?

A: If you have information that the plaintiff is functioning beyond his/her claimed limitations, consider hiring an investigator to conduct video surveillance. Video surveillance can be a powerful tool to show an injury is not as bad as the plaintiff claims.

You can also research the plaintiff’s social media accounts to see if they have posted pictures, videos, or accounts of them performing inconsistent activities.

If the claim is litigated, you can collect the plaintiff’s medical records and/or send the plaintiff to a doctor to perform an independent medical examination to see if the plaintiff is really as bad as he/she claims. See this blog post for additional information.


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