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Summary/Description: How can the effective use of investigation undermine a plaintiff’s case? Today, technology in the world is ever evolving, day to day in fact, and with that evolution comes new, innovative strategies and approaches to investigate a personal injury claim from the perspective of the defense team. In this presentation, we will explain how to effectively undermine a plaintiff’s case, through background checks, surveillance, data, and social media. Starting with civil and criminal background searches, prior and subsequent lawsuits can be devasting to the plaintiff and may be used to impeach the plaintiff’s testimony on cross-examination. Beyond that, surveillance of the plaintiff can completely alter the case. Knowing the weather, medical history and examinations, and working status of the plaintiff that may be contrary to his or her claims can tear down the case. Finally, the use of cell phones and social media create the possibility that the plaintiff may post and state more candidly the nature of his or her injuries or disclose sensitive information in an interpersonal setting, as phones and social media have changed the way the public communicates. Therefore, the use of data, accounts and location services may produce crucial evidence that might affect trial strategy, discovery, and settlement status.

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