Can My Fitbit Hurt My Personal Injury Case?
In today’s age of technology, virtually all of our movements can be tracked, both online and offline. Adding to this is the newest craze, which is the wearable technology that tracks your fitness and activity. If you don’t own one of these devices yet, you are probably in the minority as it seems that almost everyone has one. These devices come in all shapes and sizes, whether it be the Fitbit, or other similar device such as the Apple iWatch or the whole line of watches made by Garmin. While these devices are designed to make life easier, they can also play a key role in your personal injury case.
Can the Information Stored on My Fitbit be Used as Evidence in My Florida Personal Injury Case?
Just like all information stored on computers, the information stored on your Fitbit or other wearable device can be used as evidence in your personal injury case. This can be evidence that is good for your case, or bad. For example, let’s say you trip and fall in the parking lot of a store, are injured, and do not report the incident to the store right away. Instead, you choose to leave without entering the store and seek medical help. Unfortunately, when you return to the store to report the incident, absent video evidence (which often does not exist), the store will have no record of you ever being on its property as you won’t have a receipt for any purchase, and you didn’t promptly report it. However, as most wearable devices have GPS, you can use the GPS information to help prove your case.
Let’s look at another example. You’re injured in an accident. At deposition, you truthfully testify as to how you have to limit your physical activity due to your injuries. However, the insurance attorney learns that you wear a Fitbit, or other fitness and activity tracking device. That attorney will now be able to obtain evidence from your device showing your daily level of fitness and activity, which is likely to show varying levels of activity on a daily basis. This evidence can be used to support your claim, or it can be used against you, especially if it shows days with higher levels of activity (for example, 10,000 steps in a day).
The health information stored on your device, such as your sleeping pattern and heart rate, can also be important evidence in your case.
Trust SouthShore Injury Attorneys With Your Personal Injury Claim
The attorneys at SouthShore Injury Attorneys are experienced in representing personal injury cases throughout the State of Florida. If you’ve been injured as a result of someone else’s negligence, contact SouthShore Injury Attorneys at (813) 419-3866 for a free consultation.
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