Can an Attorney Subpoena Text Messages in a Personal Injury Lawsuit?
Phone companies keep billing and call detail records. If evidence exists that these documents contain relevant information, your lawyer can subpoena these records during the discovery phase of a personal injury lawsuit. This information could prove, for example, whether a driver sent or received text messages at the time of the accident, violating California law about texting while driving.
Federal law requires phone companies to protect their users’ data, requiring subpoenas or court orders to release the information. You can’t obtain them otherwise. Hiring an attorney from Berg Injury Lawyers to request and review these records gives you the best chance to get the evidence you need to recover a fair settlement in a personal injury lawsuit.
WHAT ARE THE PHONE PRIVACY LAWS?