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Fitness Technology May Change Injury Lawsuits

Posted on behalf of Edwards Law Firm on Dec 08, 2014 in Personal Injury

Some of the hottest gifts this holiday season are wearable fitness trackers which record information like a persons activity level, heart rate and sleep quality.

While these wearable trackers help health enthusiasts keep tabs on their fitness levels, personal injury attorneys are looking at the devices as a potential source of information to help prove the extent of their clients injuries in court.  

One personal injury law firm out of Calgary, Canada is hoping to use information from a fitness tracker to illustrate that their client is no longer able to lead an active lifestyle. The client, a former personal trainer, was injured in an accident four years ago. The attorneys gave their client a Fitbit Force band, and hope to prove that her activity level is below average for someone of her age and profession.

The attorneys plan to take their clients data and analyze it using Vivametrica, a public research platform that can compare a persons activity data to that of the general population. The attorneys hope that by using several months of data, they can show that their clients level of activity is significantly less than what it used to be, as well as less than that of the general population.

Some attorneys worry that the information from fitness trackers may be used by insurance companies in the opposite way, to show that a person is still active and not that impaired.  While insurers could not force someone making a claim to wear the devices, they could request the information from a plaintiffs lawyer or seek to subpoena the records from the company that makes the trackers.

In addition, many fitness trackers allow wearers to post their information to their social media accounts. For example, a person who runs may post their route and time to Facebook. Insurance companies may search for this type of data in order to prove that the wearer is not as injured as he or she claimed.

As technology changes, the law will slowly adapt to keep pace. For now, it remains to be seen what effect the fitness trackers will have on injury lawsuits, and whether or not the technology will help or harm people seeking to prove their claims in court.

If you have been injured in an accident, the attorneys at The Edwards Law Firm are here to help you get the compensation you deserve. Call 800.304.9246 or use our case evaluation form to have your claim reviewed for free today. 

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