Will Fitbit Be the Solution in Proving Your Injury Case?

Categories: Personal Injury Lawyer

fitbit

Fitbit and other personal fitness tracking devices have grown widely popular. These devices are designed to track your total number of steps each day, staircases climbed, heart rate, sleep quality, and overall active minutes. While designed to provide you with insight into your health, these devices might also help in a personal injury claim, when used appropriately.

The Downside of Fitbits in Personal Injury Claims

While personal fitness devices can be helpful in proving your injuries, there have been instances where a Fitbit was used to disprove a victim’s injury. In this case, however, the woman was over-exaggerating her injuries. The defense used her Fitbit’s data to show that her activity and step counts had not changed since the accident; thus, this proved that she was not as injured as she claimed.

The accuracy of these devices also comes into question. While they are relatively accurate, there are known issues with these devices. They can pick up swings of the arm and count them as steps, for example. If you are traveling slowly in a wheelchair or doing rehabilitation therapy, it might pick up large levels of activity, even though you are mostly inactive.

How Fitbit Can Help Prove Your Case

There are plenty of advantages to these devices, as well. Some ways in which your personal fitness device can help prove your case include:

  • Proving Heightened Anxiety – The heart rate tracker on a Fitbit is fairly accurate. So, you can use your heart rate from your Fitbit to show anxiety. When a person is anxious, blood pressure increases, and so does heart rate – your Fitbit will likely record this increased heart rate. You can compare the new data to heart rate activity before the accident, too.
  • Decreased Activity and Steps – One of the most helpful pieces of data pulled from a personal fitness device is the activity levels and the number of steps taken each day. When you suffer a serious injury, your activity levels should drop dramatically. Therefore, your attorney can pull your previous fitness data and step counts, then show how they have changed after the accident.
  • Sleep Problems – If part of your injury claim is that you suffer sleep issues because of your accident, the Fitbit’s latest updates to sleep tracking might help. These show different stages of sleep, so you can use that data to prove that you wake frequently, have restless nights, and so forth.

Speak With a Personal Injury Attorney to Explore Your Evidence Options

Not many cases have utilized Fitbits and other personal fitness devices. However, with their growing popularity, it is likely that more data will be used from these devices to prove injury cases in the future.

Your case in particular might not require examining personal fitness data, though. For this reason, it is best to consult with a personal injury attorney in the area to explore your options, review the evidence, and see what you need to prove your claim.

Contact a personal injury attorney locally by connecting with attorney Jeffrey H. Penneys, Esq. You can reach him directly on his cell phone at 215-771-0430 or in the office toll-free at 800-465-8795. You can also send him a message online with your personal injury questions.