“Sub rosa” is a Latin phrase that literally means “under the rose.” It is used to refer to something done in secret or with confidentiality.
In ancient Greece and Rome, roses were used to symbolize secrecy. In meetings, a rose would sometimes be placed on the table as a sign that everything discussed was to remain confidential. Today, when something is described as happening “sub rosa,” it typically means that it is happening behind the scenes or in a secretive manner.
In the context of injury law, “sub rosa” investigation refers to the practice of conducting covert surveillance or investigations to gather evidence against the claimant (someone who is pursuing an injury claim).
Insurance companies are always looking to discredit your injury claim. One way that insurance companies gather evidence against you is by hiring a private investigator to secretly monitor and document your activities. This can involve taking photos, recording videos, or even following you to see if your behavior matches your claimed injuries or disabilities. If they find evidence that you haven’t been truthful about your injuries, it can be used to challenge your credibility.
While Sub Rosa might sound like something out of a movie, it’s actually a common practice.
It may be tempting at times to exaggerate your injuries, however this will never help your case. The truth has a tendency to become evident, and justice can only be reached when honesty is made a priority. Negative sub-rosa evidence can often ruin injury claims or cause the value of your claim to substantially plummet.
Familiarize yourself with your rights regarding privacy and surveillance. While private investigators can observe public activities, they cannot trespass on private property or use deceptive practices to gather information.
Keep detailed records of your injuries, treatments, and limitations. This documentation can help corroborate your claims if questioned.
You should always make sure your lawyer understands the full scope of your injuries. If you are transparent and honest with your lawyer, they can effectively represent you. Your lawyer is on your side. Open communication with your lawyer can help avoid any possible misrepresentation of your injuries. Attorneys can provide guidance on how to communicate your injuries accurately.
If negative sub rosa evidence is presented against you, work with your lawyer to carefully review it and challenge the validity of the evidence, if available.
Keep in mind that surveillance is a common practice in insurance investigations. Remaining calm and composed will help you manage the situation effectively. If you’ve been honest in your claims, you have nothing to worry about.
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