If you were injured in an accident and you are among the rapidly-growing number of Americans who wear a fitness tracking wristband or smartwatch, the data collected by your device could serve as important evidence in your claim for compensation. Since the first widely-publicized use of Fitbit data in a personal injury case a few years ago, it has become increasingly common for plaintiffs’ attorneys (and defense attorneys) to rely fitness tracking data in settlement negotiations and at trial.
How Fitness Tracking Data Could Play a Role in Your Case
Fitness trackers and smartwatches collect an extraordinary amount of data. From walking, running and bicycling routes to overall activity levels and sleeping patterns, if you have done something or been somewhere with your device, there is a good chance that there is an electronic record of it stored in the cloud. Different devices collect different types of data, and your app settings can limit the amount of information stored. But, in most cases, when an accident victim wears a fitness tracker, there will be at least some amount of data available that has the potential help (or hinder) his or her personal injury claim.
The following are just a few examples of the ways in which personal fitness tracking data could potentially play a role in an accident victim’s claim for financial compensation:
- Establishing Your Whereabouts – In certain types of cases, including dog bites and slip-and-fall accidents, one potential defense strategy is to dispute the victim’s whereabouts at the time he or she was injured. For example, a dog owner may dispute that the victim ever came into contact with his or her pet, or a store owner may try to claim that the victim was injured on someone else’s property. If this becomes an issue in your case, you may be able to use GPS tracking data to prove not only that you were on the premises, but that you went straight from the premises to the emergency room.
- Proving the Effects of Your Injuries – Fitness and sleep tracking data can also be used to prove the effects of your accident-related injuries. If you exercised regularly before the accident but are now unable to do so, or if you have had trouble sleeping since the accident, these are both facts that are highly-relevant to your claim for compensation.
- Demonstrating Your Commitment to Recovery – Similarly, post-accident tracking data may be useful for helping to demonstrate that you are committed to your recovery. If your tracking data show that you have been resting according to your doctor’s orders and that you have been attending all of your scheduled physical therapy appointments, this could make it more difficult for the insurance companies and defense lawyers to argue that you are partially responsible for any long-term effects of your injuries.
Of course, if tracking information has the potential to help your case, this means that it has the potential to harm your case as well. If you were wearing a tracking device at the time of your accident or have been wearing a fitness band or smartwatch during your recovery, it will be important to discuss any potential implications with your attorney.
Speak with Skilled Crestview Personal Injury Attorneys Today
If you would like more information about how fitness tracking data could play a role in your personal injury case, contact a Crestview personal injury lawyer as soon as possible.