Will Your Fitbit Data Help Make Your Case?

Categories: Personal Injury Law

man wearing a fitbit

Personal Injury Lawyer Helping the Injured in West Palm Beach by Using Fitbit Data

Fitness tracking devices have become ubiquitous in today’s society. Whether you are at the office, out shopping in West Palm Beach, or out on the sand, you are bound to find several people their counting steps or logging miles with an activity band or watch around their wrist.

While these devices can serve as motivators to keep you on your feet throughout the day, they could potentially serve another important purpose as well: If you get injured in an accident, they could provide key evidence to support your claim for compensation.

Activity Tracking Data as Evidence in Personal Injury Claims

Whether you wear a Fitbit, Garmin, Apple Watch, or any other brand of fitness band or smartwatch, the device on your wrist records an extraordinary amount of information your daily activities and routine. Depending on which device you use and how you use it, you could be creating and storing comprehensive data your exercise habits, sleeping habits, overall fitness, heart rate, day-to-day movements, and general level of activity. When seeking financial compensation for an injury, these types of data could potentially help in the following ways:

  • Your GPS data could be used to prove that you were at the of the accident when you claim that it occurred. This could be important, for example, if a is claiming that you did not get injured on its premises.
  • Your exercise and activity data could demonstrate that you are unable to enjoy hobbies such as bicycling or running as a result of the injuries you sustained in the accident. Or, this data could show that you are simply taking less steps overall due to your medical condition.
  • Information your sleeping habits could show that you have been persistently losing sleep as a result of the accident.
  • The aggregate data from your fitness tracker or smartwatch could be used to show that your overall fitness has declined in the weeks and months following your accident or collision.
  • Your GPS and activity data could also help demonstrate that you have been following your doctor’s advice. It is common for defense attorneys and insurance companies to claim that accident victims are not doing enough to help their own recoveries, and your fitness tracker could potentially be used to prove otherwise.

Of course, there are certain limitations and potential drawbacks to relying on activity data in a personal injury case as well. For one, some device makers – including Fitbit – have faced lawsuits alleging that their data are unreliable. It could also be the case that your fitness data would do more harm than good (for example, if you have been exercising or going to work instead of resting per your doctor’s orders). But, under the right circumstances and with the help of a savvy personal injury team, the device on your wrist could turn out to be the key to success in your personal injury claim.

Brian D. Guralnick Injury Lawyers

If you were injured in an accident and would like more information how your fitness band or smartwatch could play a role in your claim for financial compensation, Brian D. Guralnick Injury Lawyers in Palm Beach County. To speak with me, Brian D. Guralnick, personally your case, contact me online or call 561-202-6673 now.

Disclaimer: The information in this blog is not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. If you need advice on specific legal issues, please consult with a licensed Personal Injury attorney.

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Brian D. Guralnick

About the Author: Brian D. Guralnick

Brian D. Guralnick is a top-rated attorney practicing in the West Palm Beach, Florida area. Providing legal representation in Florida for a variety of different issues, Brian D. Guralnick was selected to Super Lawyers for 2006. He is admitted to practice before the courts in Florida since 1993.