Hiring a Private Investigator in Texas: What to Ask Before You Sign

A UK High Court case made the legal press recently, and every personal injury attorney ought to read it as a warning. In Michele Perrin v Jackie Walsh, the defense hired a surveillance company to prove the claimant was exaggerating her injuries — and the footage allegedly showed exactly that. But the judge found the surveillance firm's handling of the evidence "extremely poor": relevant footage left out of the edited video, witness statements claiming nothing had been excluded when it had. The evidence barely survived exclusion. As the judge put it, those hired to obtain covert surveillance are expected to "uphold the highest standards of integrity and propriety" — and this firm, he said, "fallen far short."

Here's the part that matters for hiring a private investigator in Texas: the investigator you hire matters as much as what they find. Good surveillance wins cases. Sloppy surveillance hands the other side a motion — and hands you a credibility problem with the court. So before you sign a retainer with anyone, ask these questions.

1. Are You Licensed in Texas?

This is the floor, not a bonus. Texas requires private investigators to be licensed under the state Occupations Code, regulated through the Department of Public Safety. Ask for the license number and verify it. It's a two-minute check.

An unlicensed investigator's work product carries an evidence problem from day one, and hiring one means you're paying someone who's breaking the law while working your case. If they hedge, stall, or tell you licensing is "in process," keep looking. Legitimate investigators are proud of their credentials — they don't dodge the question.

2. How Do You Handle Surveillance Footage?

This is the TSG lesson, straight from that UK case. Ask:

Do I get all the footage you shoot, or just an edited highlight reel?

Is every video date- and time-stamped?

How do you preserve the originals — and who has access to them?

If you edit footage for presentation, what's your process, and does someone review it before it leaves your office?

Courts scrutinize surveillance video. Opposing counsel will argue it's a misleading "snapshot," and they'll go after completeness and chain of custody. An investigator who can't explain how footage goes from the camera to your file will fold the first time a judge asks questions. The good ones have a system and they'll walk you through it.

3. What's Off-Limits — and How Do You Stay Inside the Law?

Ask this one directly: "Tell me what you won't do on my case." Then listen. A straight Texas investigator will tell you they don't hack email or phones, don't plant GPS trackers on vehicles they don't own, don't trespass to get the shot, don't impersonate police officers, and don't pull bank or medical records without authorization or a subpoena. These aren't gray areas — they're crimes, and evidence gathered illegally doesn't just get thrown out. It can blow back on the attorney who hired the investigator.

If a PI brags about what they can "get into," or gets vague about methods — that's your answer. Hire a different PI.

4. Who's Actually Doing the Fieldwork?

Some shops take your retainer and hand the case to whoever's free that week. You're entitled to know who's behind the camera: how much surveillance experience they have, whether they've testified before, and who supervises the work.

The person in the field decides what gets documented and what gets missed, and their judgment is what you'll be defending if the footage gets challenged. Ask who reviews reports and video before they reach your file — one experienced set of eyes on quality control is the difference between evidence and embarrassment.

5. What Does a Finished Report Look Like?

Ask to see a sample — redacted, obviously. A usable report has timestamps, photos, video with a clear chain of custody, and a narrative that reads like it was written by someone who understands what a lawyer needs: who, what, where, when, in order, with the exhibits attached.

Also ask about turnaround — surveillance that shows up two weeks after mediation is a souvenir, not evidence. Get the delivery timeline in the agreement.

6. How Do You Bill — and Is It in Writing?

Hourly or flat fee? What's the rate for surveillance hours versus report writing? How are mileage and expenses handled? What does it cost if the investigator has to testify?

None of these are trick questions, and a professional will answer every one without flinching. What you don't want: vague estimates, "we'll figure it out as we go," or — biggest red flag of all — anyone who promises you a result before they've looked at the file. Nobody can promise what surveillance will find. An investigator who guarantees the outcome is selling you something, and it isn't investigation.

7. Have You Worked Injury Cases Before?

General investigative experience is fine, but injury work has its own rhythms: knowing what defense surveillance looks like so you can counter it, which activities matter for which claimed injuries, and how to document a scene before it changes.

The defense is already running surveillance on your claimants as a matter of routine. Having your own investigator in the mix — for locates, for surveillance, for early scene documentation — means you're building your file instead of just reacting to theirs.

The Red-Flag Short List

Walk away if you hear any of these:

Promises a specific result before starting

Vague about methods or how footage is handled

Can't or won't show a Texas license

No written agreement — handshake deals on investigative work

The cheapest bid by a mile (you're buying judgment, not hours)

Why This Matters for Your Texas Cases

Evidence degrades. Witnesses move. Scenes get repaved and security footage gets overwritten — sometimes in 30 days, sometimes in seven. The files that settle well are the ones where the facts got nailed down early.

That's why our process serving and investigation work run side by side. When a defendant vanishes after a demand letter goes out, a locate feeds the serve — and you can read more about how to serve legal papers once you've found them. Our process serving services cover all 50 states, and our investigation work is Texas-only, built for firms that want the facts locked down before the other side starts poking holes.

Browse our other posts on the blog for more straight talk on serves, diligence, and investigations.

Need investigative help on a Texas case? Our investigation services are Texas-only. Call or text (737) 425-0505 or email admin@winwinps.org — we'll give you a straight answer on whether an investigator helps your case, and we put everything in writing before we start.

Need papers served? We serve nationwide in all 50 states. Place an order online: nationwide service or local service for Travis and Williamson County. Local pricing: Routine $95, Rush $155, Same Day $250. Nationwide: Routine $125, Rush $195, Same Day $299.