In yesterday’s post, we looked at the when, how and why of Insurance Company spying on injured victims. Clients of the Herndon law firm ABRAMS LANDAU have seen themselves captured on film: leaving their home, grocery shopping, going to the post office, getting their mail, supervising their kids, helping neighbors, coming out of a doctor’s appointment, bringing food to their child, and buying coffee at 7-11 ! The insurance company investigators use long-range cameras, lapel pin-sized video recorders and even fake alibis to get into people’s homes ! One investigator even offered the injured victim cash in order to "set the plaintiff up." The insurance companies do these things in order to present videotape and investigator testimony to paint the victims, their witnesses and attorneys as liars, cheater and worse. When they "catch" someone lying about being injured or not working, then that evidence SHOULD come in to evidence and be seen by a judge and jury in their premises liability, defective building or negligent construction case.
However, in the vast majority of cases at the Landau Law Shop, all the insurance companies’ investigations, their defense counsel’s interrogations and their private investigators’ inquiries come up with nothing. And yet this fact is never brought before the jury. The judges should require disclosure of this information, good or bad. If all of the insurance industry’s tools revealed that our client, the injured plaintiff, was indeed injured to the extent and in the nature claimed, the jury should be told this at trial. The jury, which decides the facts in a personal injury case based upon the law given by the judge, should be allowed to know that the insurance company and defense counsel found nothing damaging or prejudicial about the plaintiff. It is hard to know who is telling the truth. This is especially true during a short Virginia jury trial, as cases go very quickly here in "the rocket docket." However, if the weeks and months of "secret investigation" by the insurance company turns up nothing, I think that the jury and judge should be told. Instead, insurance companies and their very highly paid lawyers keep this positive and favorable information from everyone.