Fitbit, Fitness Trackers & “Wearables” Used in Court

How can someone who has been injured in a car accident prove that they deserve fair compensation for their injuries? Traditionally, lawyers have relied on medical records, testimony of physicians, and testimony of family and co-workers who have seen the devastating impact of those injuries. However, attorneys have recently began utilizing a new type of evidence—fitness trackers and “wearables.”

A personal tracking device is a double-edge sword that can be used to either help or hurt your case. If a person states that they have been significantly injured from a car accident, information from their personal tracking device can be used to back up those claims. For example, an individual getting 10,000 steps per day with 8 hours of sleep, may be reduced to much less than that following a significant injury. In contrast, the reverse is also true. If someone is injured but a personal tracking device shows that they were still extremely active, that information can be used to show that the person is exaggerating the extent of their injuries.

The use of this type of information is a recent development, and as such, there have been no personal injury cases of record in Arkansas that utilized personal tracking device information. However, Fitbit has sold more than 38 million devices worldwide, and had over 16 million active users in 2016. Some of Fitbit’s competitors are well-known companies such as Jawbone and Xiaomi, and technology giants such as Apple and Samsung. The growth in the “wearables” market will undoubtedly have a lasting impact on the future of personal injury cases in Arkansas.

The attorneys at our firm personally use fitness tracking devices and are knowledgeable in how this type of information can be used to help those injured in car accidents. If you, or someone you know has been injured, please do not hesitant to contact us.

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