After a traumatic brain injury (TBI), symptoms may fluctuate. You might have headaches, fatigue, dizziness, memory problems, or difficulty concentrating on one day and manage a simple activity on another. An insurer may obtain surveillance footage of you walking, shopping, driving, or performing household tasks and use it to argue that your injury is less serious than you claim. But a short video does not automatically prove that you have recovered. Understanding how surveillance evidence may affect your Kansas or Missouri TBI case can help you avoid unnecessary mistakes.
How Insurers Use Surveillance Videos
When surveillance footage appears inconsistent with your stated limitations, an insurer could use it to challenge your credibility or argue that you are seeking more compensation than your condition supports.
Take, for example, a video of you carrying groceries. Such a video might be used to argue that you are doing fine physically. But it may not show whether you were dealing with dizziness, fatigue, confusion, or other symptoms before or after that moment.
Can Surveillance Footage Be Used in Kansas and Missouri?
Yes. Insurance companies in Kansas and Missouri may seek to use surveillance footage as evidence in a TBI claim. Whether it can be admitted in court depends on the circumstances and applicable rules of evidence, including whether the footage is relevant and properly authenticated.
However, a video showing you performing an activity does not automatically prove that you are fully recovered. The footage may only show a few minutes of your day and may not capture your pain, fatigue, memory problems, or other TBI symptoms.
Your attorney can review the footage and explain what it actually shows. They can also use medical records and other evidence to provide a fuller picture of your condition.
What if the Video Shows You Doing Something You Reported You Cannot Do?
Do not assume that a seemingly damaging video destroys your TBI claim.
Brain injury symptoms can fluctuate. You may complete a brief task but be unable to sustain it, repeat it consistently, or perform it without experiencing serious symptoms afterward. You may also push through symptoms because an activity is necessary.
Your attorney can review surveillance footage along with medical records, neuropsychological assessments, witness statements, job-related documents, and your symptom history. This comprehensive evidence can help clarify what a short video reveals and what it leaves out.
How Surveillance Can Influence Your TBI Claim
Surveillance footage can affect how an insurance company assesses your claim. Adjusters may concentrate on activities that seem inconsistent with your reported symptoms, even if the video does not show the whole truth.
But the key question should not be just what you were doing, but whether the video accurately depicts your overall condition and daily limitations. An attorney can analyze the footage and tackle any misleading interpretations during settlement discussions or litigation.
What Should You Do if You Think You are Being Watched?
Do not change your usual routine just because you think you might be under surveillance. Be honest about your symptoms, follow your medical treatment plan, and do not exaggerate your abilities or limitations.
If an insurer presents surveillance footage, an attorney can examine its context and compare it with your other evidence.
Legal Help is Available
Have you or a loved one suffered a TBI in Kansas or Missouri? Our experienced brain injury counsel at Griggs Injury Law can review your evidence and help protect your claim. Contact us today to schedule a consultation and discuss your case.
