Florida Personal Injury Lawyers Blog
Fitness tracker evidence has begun to make an appearance in personal injury claims. Fitness trackers, like Fitbit, Garmin, and Jawbone are widely popular as an aid to help with exercise regimens. Along with the popularity among consumers, they have also come to the attention of the legal industry and insurance companies to uncover health data to use as evidence in accident injury cases, and even criminal cases, too.
Most people use their fitness trackers to monitor and record their activity levels throughout the day or while working out. These gadgets give a documented record of the level of activity and endurance of an individual and may also record heart rates, sleep patterns and other health data.
The first court case using fitness tracker evidence in a personal injury claim took place in 2014. The Canadian case used evidence from a fitness tracker to show that the plaintiff, who had previously been a personal trainer, had substantially lower activity levels than would be expected for someone their age and profession. An analytics company used the data from the fitness tracker to compare it to the general population in determining that the plaintiff’s activity levels were below average. The fitness tracker was supplied as evidence to show that the plaintiff deserved financial compensation for their accident injury.
While this case shows that fitness trackers can prove useful in injury claims, it is important to note that they can also be used by insurance companies to deny claims and can even be self-incriminating in other types of cases.
In March 2015 a Pennsylvania woman’s fitness tracker was used against her in a criminal case. Her story was proven to be false as her fitness tracker results were used against her and she was charged with filing a false report.
The idea of using fitness tracker technology is pretty new for courts to consider and could make an impact in a personal injury claim, potentially good or bad. In general, the extent of a plaintiff’s physical injury is quantified through medical records. This is why it is so important to seek medical attention immediately if you have been injured in any type of accident that was not your fault so that you have a record of your injury, treatment, and any ongoing problems associated with the injury.
If you or a family member has been injured, a Florida Injury Lawyer at Whittel & Melton can help you determine your best course of action. Call us today to schedule your free initial consultation about your accident injury claim at 866-608-5529 or contact us online.