Originally Posted by james_ant
Ya I didn't really read that far but wow those people deserve to loose. I don't feel sorry one bit for those people.
I was hit by a car and sued, I got about 64 grand, but I was actually hurt and defiantly not smiling and going on vacation weeks after the accident.
It depends. If it's three years later, and defendants can commonly drag litigation out for such lengths of time, is it wrong to go on vacation after, say, your hand was broken in an unsafe plastic molding machine you're ordered to use at work? Or as in your case, are you never allowed to friggin' smile ever again? Should a photo of you smiling at a 2 year olds birthday party one year subsequent to the injury matter at all to the defendant's liability to you?
That said, I'm not against defendants getting this kind of evidence other than the fact that it dips a little too freely into some privacy issues. There have been cases where, say, an injured claimant claims they can't use their hands liked they used to, but then the defendant gets video of them gardening for two hours. Plaintiffs need to be a little less idiotic at times, especially if they are legitimately injured. If you're gonna do something so detrimental to yourself, chances are you might just have to answer for it.