Fitness trackers like watches and rings have gained immense popularity over the years. Wearable fitness tracking is one of the fastest-growing industries in the US currently.
Most people wear their devices at all times to get the most accurate depiction of their health. In recent years, it has become clear that data from these devices can be useful in disputes of liability when it comes to all types of injury claims. However, this data can sometimes be a double-edged sword because the defense can use it against you.
Understanding the Role of Fitness Trackers in Personal Injury Claims
Fitness tracking data can be used as evidence in personal injury claims in a variety of ways. Since most people wear the devices 24/7, it can paint a clear picture of their daily activities and movement before and after an accident. For example, if you are an active person who typically exercises 3 times a week but then gets injured in a motor vehicle accident and can no longer perform your daily tasks, that could affect the damages you are owed for your injuries.
Additionally, the data from your device can help establish a clear timeline of events. The GPS data can help prove your location at the time of the incident, and heart rate data could establish the moment the injury took place.
The goal is for your injury lawyer to use this data as factual evidence that will support your claim.
Wearable devices can also help demonstrate the long-term effects of an injury. Recovery from a serious accident is rarely linear, and fitness tracker data may show ongoing limitations weeks or even months after the incident. For example, reduced daily activity levels, interrupted sleep patterns, or an elevated resting heart rate may help support claims that an injury continues to impact a person’s quality of life. When combined with medical records and other evidence, this information can provide additional context for the extent of a victim’s damages.
Legal Precedents and Admissibility of Wearable Data
While data from wearable devices like Garmin, Apple, Oura, and Fitbit are usually accepted as evidence, the rules for this can vary based on the jurisdiction. This is a relatively new topic in the world of law, and many jurisdictions don’t have formal laws or procedures specifically for this type of evidence. Generally, however, evidence that is relevant, authentic, and reliable may be admissible in court.
Before wearable data can be introduced, the party presenting it may need to establish that the information accurately reflects the user’s activity and has not been altered. Courts may also consider whether the data is relevant to the issues in dispute and whether its value outweighs any potential concerns regarding accuracy or privacy. As wearable technology becomes more common, courts will likely continue to address new questions surrounding the admissibility and use of this type of digital evidence.
Privacy Concerns When Using Wearable Data
While wearable data can strengthen an injury claim, it can also raise privacy concerns. These devices collect much more than step counts and workout history. Depending on the device, they may also store GPS locations, sleep patterns, heart rate data, and other personal health information.
If wearable data becomes relevant to a personal injury claim, the opposing party may request access to certain records during the discovery process. However, that does not necessarily mean they are entitled to unlimited access to all of your personal information. Courts generally consider whether the requested data is relevant to the issues in the case before determining what information should be disclosed.
Because wearable device data can sometimes support either side of a claim, it is important to discuss this type of evidence with your attorney before voluntarily sharing it with an insurance company. An experienced Loveland personal injury lawyer can help determine whether the data is likely to strengthen your case and advise you on the best way to protect your legal rights.