Computers that once needed entire buildings now sit on our wrists. Everyone is aware that their online movements are monitored, but your real-world movements can also be tracked. For example, Fitbits and other health monitoring apps and wearable devices can measure your steps, heart rate, speed rate, sleep, calories, and even your sleep. Such devices and apps can also monitor precise physical activity which can either prove incredibly useful or harmful in your personal injury claim.
Personal Wearable Devices (Fitbits)
A personal health tracking device, system or app, such as a Fitbit, is essentially a computer that you wear on your wrist or person. Personal wearable devices may also include cellphone capabilities and the internet, and many companies, including Apple, Garmin, and Nike, have launched products in this market. Much as a “black box” in an airplane can provide crucial data about the airplane’s movement, trajectory, and actions, a personal wearable fitness device may be used as a “black box” for the human body, revealing detailed user and activity information.
Fitbits as Evidence
Since these personal wearable fitness devices contain large quantities of data concerning the user’s physical activity, they are excellent sources of details regarding litigation for personal injury cases. Both sides have tried to use personal wearable fitness tracker data as documentation and evidence in personal injury cases for the past few years. In recent court proceedings regarding personal injury cases, the following information in a personal injury case was submitted as evidence
- A victim or defendant was not physically present at the location of the assault.
- The claim of physical impairment did not match the documented activity levels of the victim on the personal wearable fitness device.
Consequently, a Fitbit or personal wearable fitness tracker can reveal whether a victim or assailant was actually in the alleged area for assault cases. It can also track physical activity following a car accident or other claim of personal injury to demonstrate that the wearer has subsequently decreased, or increased, physical activity. Although medical professionals and expert witnesses are also often required to testify in cases of personal injury, the activity log of a fitness tracker provides direct evidence of a person’s actual location and physical activity. Each of these pieces of evidence can be critical to a personal injury case. It is important to note that in some cases, the technology of a Fitbit will not be allowed such as in the case of Spoljaric v. Savarese, 2020 N.Y., however, it is always best to err on the side of caution as this area of law regarding Fitbits as evidence has not been firmly established.
However, as mentioned earlier, both sides are able to use this technology for their case. If you have suffered a personal injury, the opposing counsel may ask for data from your Fitbit or personal fitness tracker to show that your personal injury is not as serious as your claim. Contacting a personal injury lawyer will help you understand your rights to your Fitbit or other personal fitness tracking device based personal information.
Let Us Help You Today
If you suffered personal injuries related to a car accident, slip and fall injury, dog bite or any other kind of accident as a result of someone else’s negligence, you may have the right to receive compensation for your medical bills, pain and suffering and lost wages. Contact an experienced personal injury attorney at O’Donnell Law Offices at 570-821-5717 or online today to help you understand your legal rights, help you understand how a Fitbit could help or harm your case, and help you receive the compensation you deserve as a result of someone else’s negligence. We proudly serve clients in Kingston, Wilkes Barre, Hazleton, and Pittston.
https://www.odonnell-law.com/2020/06/12/proving-lost-wages-in-a-car-accident-personal-injury-case/