Fitbit wearable electronic devices that track your physical activity and movements have only been around for a few years. Their popularity has exploded, from hardcore fitness buffs to more casual weekend bicycle enthusiasts. Some folks never leave home without their fitness tracker strapped to their arm.
According to a January 2016 survey by Nielsen, 46 million Americans use some type of mobile fitness app to assist them in monitoring their health and fitness.
FitBit data, social media information, data from cellphone apps are playing an increasingly important role in the courtroom. Your personal Fitbit data, tracking your location and your daily activity could potentially be used for or against you in an injury claim.
For instance, say you are a very active person, used to working out on a regular basis. Your Fitbit data could show that you were very active and healthy before your personal injury accident and that your health and mobility has drastically deteriorated since your accident. The data can reinforce the fact that your injury has impacted your health and physical abilities.
The data can be used to support your injury claim, but could it be utilized against you? Say you are claiming that you’re injured and can’t be active at all, yet the Fitbit that you wear shows lots of recent physical activity.
It would be a challenge to dispute the evidence of physical activity as provided by a Fitbit or other activity tracker. Insurance companies may become very interested in this data if you are involved in a personal injury case.
The use of personal electronic data in litigation is still evolving. Personal data, whether fitness based or otherwise will always play a role in an injury case, so use caution.
An experienced personal injury attorney can help you navigate the injury claim process. If you have been injured by the careless or reckless actions of another, contact Tucson Personal Injury Lawyer John Leader of the Leader Law Firm for a free evaluation of your potential case.