The Defense Team’s Most Valuable Tool to Counter Exaggerated and Fraudulent Claims
Sub Rosa Investigations
A successful sub rosa takes time. Time to thoroughly discuss and understand the assignment at intake, time to conduct a thorough background investigation on the subject and time to take all known and developed information on the subject and create a strategic field sub rosa to be best positioned for “getting the money shots”.
Speaking of “money shots”, context is everything. Understanding where filming can and can’t take place, what to film and how long to film it, safely tailing and filming in a way that the subject does not become aware they are being watched and filmed are all part of many critical components to obtain video and photographic evidence that will withstand admissibility objections and cross examination. It is not enough to simply film a subject engaging in activities that counter their claimed injuries. We all do dumb things we shouldn’t do when injured and we can all agree that when that happens, we are immediately reminded of our injury due to the pain it brings. We may grimace in pain. We may put our hand on the injured area to rub or press it for relief. We may kneel or sit down to recover. Capturing the physical response that the subject makes after an action is taken that counters the claimed injury is what drives the point home as to whether the subject is exaggerating or faking their injury.
Time equals an investment of money. Don’t be tempted to underinvest when it comes to a sub rosa investigation. If the claimant is exaggerating or faking it, a well planned and executed sub rosa investigation will develop the evidence to counter the claim which will save your client a lot more than the money invested in order to have a proper sub rosa conducted.