How Personal Fitness Trackers Could Help Your Personal Injury Case

Personal fitness trackers, such as Fitbit, may find their way into courtrooms – especially when it comes to personal injury claims. These trackers could be used to demonstrate how a person’s activity levels have decreased after an accident. Already, there have been cases in Canada where these fitness trackers are used as evidence.

How Technology Plays a Role in a Personal Injury Claim

Fitness trackers sense a user’s movement and record steps taken. They then combine that with the user’s pre-entered data, in order to calculate how many calories were burned, how much distance was traveled, and the overall intensity of their workout. Some basic models can even track sleep quality, while newer models track body mass index, heart rate, stress levels, etc.

In a personal injury claim, these fitness trackers could prove helpful, because the burden of proof is on the plaintiff in these types of cases. The plaintiff must prove that he or she was injured, and show that the severity of those injuries has impacted daily life. Physician examinations, medical records, and even eyewitness testimonies do help, but a fitness tracker could help confirm all of the information presented in court.

Accurately assessing a plaintiff’s injuries based on clinical analysis is not easy. Even with witness testimony or a medical examination, it is easy to interpret what is needed; therefore, plaintiffs still have a difficult time proving that they were injured, or proving that their injury has impacted their quality of life. Fitness trackers may be a way to confirm the information already presented – but there could be some issues with the trackers themselves, too.

Accuracy and Reliability

Fitness trackers are a relatively new technology, and the trackers’ accuracy could be questioned. Also, privacy rules could come into play in these types of cases. While a plaintiff could willingly allow the courts to access his or her fitness data, it still requires the defense to obtain a subpoena to get the data from the company. Also, there is no scientific data showing just how accurate and reliable these personal fitness trackers are – and if they can be manipulated by the individual.

Were You Injured? Contact a Personal Injury Attorney in Indianapolis

While fitness trackers have not been used in courts in the United States, there are still ways to prove your injury. First, you need to contact a personal injury attorney who has extensive knowledge with these types of claims. Jacobs Law, LLC has extensive experience in auto accident and personal injury claims. We represent our clients and work toward successful outcomes. If you or a loved one has been injured, let us help you seek the compensation that you deserve for your injuries.
Get started today by scheduling a free consultation. You can schedule your appointment by calling (317) 794-2024 or filling out our online contact form with your legal questions.

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