Personal Injury Law Firm
Our personal injury lawyer represents victims who are injured in all manner of negligent or careless acts. In some instances, an invasion of privacy may fall within the area of torts, which is a legal classification for civil matter injuries. Though a person who injured you by invading your privacy may or may not be subject to a criminal charge for doing so, you may be eligible to file a civil lawsuit regardless. To clarify the merits of your case, talk to our personal injury lawyer at no charge during a confidential case assessment. After that consultation you may have a clearer picture of your legal options.
What is a reasonable expectation of privacy?
The world is a busy place and filled with many people. It is unreasonable to expect that when out in public, one’s actions can be private and unseen by bystanders. If one were to stand on a street corner and shout out their biggest secrets and somebody heard, their privacy was not invaded because they had no right to expect it. However, if one is at home and someone hacks into their indoor video surveillance system to monitor them, the perpetrator invaded the person’s privacy because they had the right to expect such privacy in their own home. Our personal injury lawyer can review your case to determine if you had a reasonable expectation of privacy and it was violated.
What are the most common types of privacy invasion claims?
Our personal injury lawyer can provide you with clarity should they accept your case, but there are four main types of claims surrounding invasion of privacy protections:
- The intrusion of someone’s solitude. Under this category, the offender must have performed one or more activities that a reasonable person would consider especially offensive. The actions of a “Peeping Tom” spying on someone who is in their private space is a common example. With the help of a personal injury lawyer from our firm, you may be eligible to file a lawsuit against that person.
- The appropriation of someone’s name or likeness. Under this category, a person or company must have used a person’s name or likeness without permission with the intent of profiting from it in some capacity. An example might be a social media company that uses your personal profile information including a photo of you and/or your name as a user testimonial of their services without your permission. The most common example that a personal injury lawyer might use is one of a celebrity whose name or likeness is used without permission as an endorsement of the company’s product or services.
- A public disclosure of someone’s private facts. After a careful review of the details, a personal injury lawyer from our firm can consider your circumstances to determine if your privacy was invaded or if the “perpetrator” was merely exercising their right to free speech. By the way, unlike defamation, it does not matter if the information disclosed is true. The issue is that if the perpetrator was told this information privately then they do not have the right to disclose it publicly if the information is offensive. Unless the information is of public concern or is not offensive, the perpetrator might be liable for damages incurred as a result by the victim.
- Portraying someone in a false light. As with public disclosure of private facts, this allegation must be differentiated from a person’s First Amendment right to free speech. The main difference between the two types is that “false light” refers to the disclosure of information that is not wholly accurate or is misleading. Your personal injury lawyer DC relies on must show that the perpetrator disclosed information about you to the public without any regard for how that might negatively impact you and the information wasn’t even accurate.
Thank you to our friends and contributors at Cohen & Cohen, P.C. for their insight into personal injury claims and invasion of privacy.