The newest craze in fitness are these fitness trackers such as the Fitbit, Apple Watch, and Garmin Vivofit. These trendy new gadgets allow you to easily track your activity level each day to make sure you are getting the requisite amount of exercise necessary to achieve your fitness goals. This data is then stored, similar to a car or semi-truck black box so you can track your progress over time. So at this point you’re probably wondering why in the world I am talking about these fitness trackers on a personal injury blog. So let’s get to the answer for that.
Proving prior activity levels is essential to a personal injury claim when the plaintiff will be restricted in what they are able to do long-term as a result of the accident. Not being able to be as active or engage in the activities the plaintiff is used to engaging in is seen as damage to the plaintiff, which is compensable in a personal injury claim. Usually to prove prior activity levels an injury attorney depends on the plaintiff’s testimony and those close to the plaintiff.
But a much more accurate representation of a plaintiff’s prior activity can be gauged if they regularly wear one of these “fitness trackers”. If the information on these devices aligns with the Plaintiff’s testimony then it may be used to bolster the testimony about prior activity levels.
On the flip-side it is also discoverable information in some situations and if the data does not align with the plaintiff’s testimony it may hurt their case. In order to get this information a subpoena will likely be needed as the manufacturer is unlikely to simply release the data willy-nilly. It is understood that the data from these devices is often not 100% accurate, so the defense would likely need something else to show the plaintiff’s activity levels are lower than they claim, but nonetheless the data can be useful to both sides.
We here at the Law Office of William W. Hurst understand that as technology advances personal injury lawyers have to stay on top of it in order to provide their clients with the best possible representation, something we are staunchly committed to doing. These new fitness trackers are just one of many new gadgets that can be used for or against a plaintiff in their personal injury claim.
If your family member or friend has been killed or seriously injured due to the negligence of another contact an experienced Personal Injury Lawyer immediately. As you can see time is imperative and the sooner you hire an attorney the more helpful they can be. Personal Injury claims require quick and experienced legal and investigative response to preserve any evidence and help present your case in the best light possible. Contact the Attorneys at the Indianapolis Law Office of William W. Hurst or call us toll free at (800) 636-0808 for a free consultation. ¡Hablamos Español!