Legal Question in Personal Injury in Louisiana
privacy rights during litigation
I had sustained a substantial injury at a major retail store. I am considering filing suit but have not because Im worried about information regarding an extra-marital coming out during the proceedings, I know in litigation a certain amount surveilence is conducted. Most specifically, If I sue this retail store, Do they have any right to my home and employer computer records? I have information - (Emails and such) that could be very harmful to my marrige. I would really appreciate an explanation of this in detail so I know my risks and options of filing suit.
2 Answers from Attorneys
Re: privacy rights during litigation
Whenever you file suit, the opposition often hires private investigators and they are fully entitled to view many of your personal documents...Much in the same way that your spouse is fully entitled to complete fidelity in your marriage!
Re: privacy rights during litigation
I cannot see how the computer records would be discoverable in your case based upon the little facts presented. I would be more worried about whether you can win. Retail stores have had laws passed in the last 10 years or so that shield them from liability in many cases. I assume you have an attorney, so you need to see what he thinks of the defense's right to the computers. Sounds pretty irrelevant to me.
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