With more people across the nation being worried about their health than ever before, there has been a massive surge in the number of fitness trackers sold. From the Fitbit to the Apple Watch, there are several popular variants of these activity trackers. Each of the trackers available on the market is designed to encourage the user to remain active, remember the fitness goals they have set and get in better shape. However, they now have a new use too.
Just a few years ago, it was determined that the data collected by someone’s fitness tracker could serve as evidence in a personal injury lawsuit. These trackers can help to prove a claimants case. In another situation, the data collected showed that the individual’s activity levels decreased significantly after an accident.
Due to these outcomes, many people are left wondering if their fitness tracker would be a help or a hindrance in a personal injury case.
The fitness trackers on the market today are uniquely designed to show a person’s total activity level, which includes the number of steps walked or floors climbed each day. Many also show additional information, such as the wearer’s blood pressure, heart rate and how far they have traveled. In personal injury cases, it is this information that is compared to other data in order to show a reduction in total activity.
Keep in mind, this same information may be used against the individual as well. For example, the fitness tracker may indicate that your activity did not drop after the event in question. This may be used as evidence against you to show that your injuries have not had an impact on your daily activity levels.
Before you assume that your fitness tracker is going to be beneficial in your case, remember good or bad, the information will be accessible to all parties. Notifying your personal injury lawyer that you use a fitness tracker will allow them access to the data early and determine whether the data is helpful to your case, or whether it can be interpreted in a way that can harm your case.
Keep in mind; most fitness trackers also have communities. Here you can post all types of information, including your recent activity, mood and more. While you may think you are only sharing your info with people in your list, it can still be sourced and used against you during your personal injury lawsuit. As with all “sharing” mediums and social media, the information you share can be obtained by the adverse party and potentially used against you.
If you are involved in a personal injury lawsuit it is a good idea to seek counsel. Like all data, activity tracker data can be interpreted in a variety of ways. An attorney can obtain this data to determine whether it is helpful to your case. In the event the data can be interpreted in a way that harms your case, your attorney can prepare a defense to these attacks. If you have been injured in an accident, contact the attorneys at The Law Office of Brian Timothy Meyers. We have the experience necessary to handle all aspects of proving your case, including activity tracker data.