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Personal Injury Case Involves FitBit Data for First Time

Wearable Tech like FitBit Could Revolutionize Personal Injury Case Discovery

FitBitA law firm in Calgary, Alberta has announced that it will use information collected by the popular wearable tech device FitBit as part of the discovery process for a personal injury case involving a car accident.

Wearable technology like FitBit is used to track fitness information and location, using heart-rate monitors, calorie trackers, and GPS information. These types of fitness trackers are normally used by the population to track positive fitness changes. However, the Canadian law firm says it will use the FitBit to track a downward trend in their client’s overall health.

The McLeod law firm represents a personal injury case from a young woman who was, prior to her car accident, a personal trainer. Although her accident occurred before FitBits were widely used and affordable, attorneys at the firm believe they can, based on her profession, state that she was in better general health than the overall population. They plan to measure her current physical health with a FitBit and submit the evidence to the court in her personal injury case.

“Till now we’ve always had to rely on clinical interpretation,” Muller says from his office in Calgary. “Now we’re looking at longer periods of time though the course of a day, and we have hard data … We’re expecting the results to show that her activity level is less and compromised as a result of her injury.”

“Wearables are yet another example of how technology may be a gold mine of potentially relevant [electronically stored information] for use in litigation,” says legal expert Neda Shakoori. “Take, for example, a personal injury case where a plaintiff is claiming the injuries he sustained in an automobile accident prevent him from participating in physical activities, such as running. Suppose further that the plaintiff has worn a fitness tracking device which has been recording every one of his five-mile runs during the past three months. The data generated by the plaintiff’s wearable device may be discovered in litigation and, as a result, completely discredit plaintiff’s case for damages resulting from the accident.”

Previous court cases, both personal injury and criminal, have already laid a foundation to acquire digital information from platforms like Facebook to track a suspect or plaintiff’s whereabouts, opinions, mood, and health claims. Using wearable devices can show clearly to a court physical changes over time, and imply – though not prove – the extent of the personal injury.

“There is a huge digital footprint generated by these device,” writes Matthew Pearn on Claims Canada. “Weight loss, weight gain, heart rate, blood pressure, diet, exercise and mood can be diarized by users to help keep track of their health. Certain companies have even launched social networking sites to allow their customers to share fitness goals and their progress with friends and strangers alike.”

The Strom Law Firm Defends Victims of Car Accident Personal Injury and Wrongful Death Cases

If you or a loved one have been injured or killed because of an accident, whether it was caused by distracted driving or DUI, the attorneys at the Strom Law Firm can help. The sooner you hire one of our South Carolina accident lawyers, the sooner we will be able to investigate your case and the stronger your case will be. We offer free, confidential consultations to discuss the facts of your case, so do not hesitate to call us. 803.252.4800

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