What is Subrosa Surveillance?

Subrosa surveillance refers to covert surveillance conducted by insurance companies, defense attorneys, or private investigators to observe and document a plaintiff’s activities during a personal injury claim. The goal is to gather evidence that may contradict the plaintiff’s alleged injuries or limitations.

“Subrosa” is Latin for “under the rose,” meaning in secret—and this type of surveillance is often critical in defending against injury claims suspected of exaggeration or fraud.

Why is subrosa surveillance used in personal injury cases?

Subrosa surveillance is used to test the credibility of a plaintiff’s injury claims. If an injured person claims they cannot work, walk, lift objects, or engage in certain activities, subrosa footage can show whether their real-world behavior matches those claims.

Insurance companies may order surveillance when they believe:

• The plaintiff’s injuries are exaggerated.

• The damages claimed are unusually high.

• There are inconsistencies in medical records or deposition testimony.

• Captures daily activities of the plaintiff in public spaces.

• May reveal discrepancies between claimed and observed behaviors.

• Used to challenge credibility in negotiations or at trial.

• Often initiated after medical evaluations or deposition testimony.

What types of activities are monitored during subrosa surveillance?

Investigators hired for subrosa surveillance typically monitor and record public activities—things a person does outside their home that are visible to the public. Private spaces, like the inside of a home, are generally off-limits without consent.

Common activities targeted include:

• Walking, running, or exercising despite claims of immobility.

• Carrying groceries, lifting heavy objects, or doing yard work.

• Attending social events, sports games, or vacations.

• Performing physical work tasks despite claims of disability.

• Focuses on inconsistencies between injury claims and real behavior.

• Video or photo evidence is captured discreetly in public areas.

• Surveillance can last for days or even weeks.

• Reports and footage may be used in depositions and court.

Is subrosa surveillance legal?

Yes, subrosa surveillance is legal—as long as it is conducted ethically and within legal boundaries. Investigators cannot trespass, harass, enter private property without permission, or engage in unlawful recording. Activities observed in public spaces, however, are generally fair game.

If improperly conducted, illegally obtained surveillance evidence may be excluded from trial.

• Public activities can be legally recorded.

• Private property is protected by privacy laws.

• Illegally obtained evidence may be inadmissible.

• Ethical surveillance respects legal and constitutional rights.

How can plaintiffs protect themselves from subrosa surveillance?

Plaintiffs can protect their claims by being truthful and consistent about their injuries and limitations at all times. Surveillance is not intended to “trap” an honest plaintiff—it targets inconsistencies.

Best practices include:

• Accurately describe injuries and limitations in medical reports and testimony.

• Follow doctors’ restrictions in daily life.

• Avoid exaggerating symptoms during litigation.

• Assume that activities in public spaces may be observed.

Being honest from the start ensures that even if surveillance occurs, it won’t harm the case.

• Consistency between claims and conduct protects credibility.

• Medical compliance strengthens injury claims.

• Exaggeration can backfire if exposed through surveillance.

• Act as if you are always being watched in public settings.

Conclusion

Subrosa surveillance is a common defense tactic in personal injury cases, designed to detect exaggeration or misrepresentation of injuries. By observing plaintiffs in public, insurers and defense attorneys gather evidence that can make or break a case. For injured parties, the best protection is to be truthful, consistent, and mindful that activities in public spaces are never truly private during litigation.