Injury Lawyer News: Use Fitness Tracker as Personal Injury Evidence

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A fitness tracker mobile app will change the whole justice system & the way victims defend in court. Yes, you’ve heard that well! First, let’s take it step by step to better understand it.

In a typical auto accident, in order for the injured party to claim the recovery charges for suffering, they need to show that they have experienced a ‘threshold injury’ such as death, serious or permanent disfigurement, or a major.

During hearing in a courtroom, the victim (plaintiff), or injured party is burdened with presenting the proof in order to substantiate their sufferings. The plaintiff’s injury lawyer relies on data such as medical records, eyewitnesses and medical testimony from physicians, relatives, families and coworkers to establish that the injuries affect the victim’s life and that they are now leading a different life. Attorneys of the injured party highlight the impact the injury has caused on the plaintiff’s life, for example: unable to continue his or her job or inability to perform physical activities or significant change in their quality of life. On the other hand, the defense attorneys (often an insurance company) try to minimize the impact of the injuries.

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And here it comes the amazement! There is a new law that allows plaintiffs to present data of their ‘before and after’ activity levels through devices called fitness trackers.

Fitness trackers are wearable devices that a person can wear on his/ her wrist or other body parts (depending upon the make and design of the device). The device monitors the person’s daily activity levels that can be monitored via a compatible mobile app.

Recently, a Canadian law firm used activity data from a “Fitbit” tracker to establish the fact that the victim has suffered a major loss in her activity due to an automobile accident. The victim was a personal trainer and led an active lifestyle prior to the accident. Now the Fitbit tracker shows that her activity levels are below baseline from someone of her age and profession. Her lawyer said, “Clinical interpretation used to be the most important aspect. But now, with the help of fitness trackers, we’re analyzing longer periods of time through the course of the day to gather the required hard data. We want to ascertain the fact that her activity levels have reduced as a result of the injuries of the accident.”

Today, data from fitness trackers are being used for various purposes such as before and after comparisons. As the technology of these devices keep progressing, data from fitness trackers and wearable devices could witness application in all types of cases, triggering a real revolution in our justice system.

Author: Cameron Wyatt

11 Comments
  1. Zane Robertson

    November 13, 2015 at 12:37 am

    Unfortunately, car accidents are everyday occurrences. Most personal injury claims in the U.S. are a result of an accident involving a car, truck, or other motor vehicle. Many of these accidents result in minor vehicle damage in the form of a “fender bender”, and can generally be handled alone through direct contact with an insurance company. However, car accidents that involve physical injury, fatality, or other significant damage may warrant the legal representation of an experienced car accident attorney.

  2. Jason Patrick

    November 13, 2015 at 5:52 am

    The most vocal opposition to helmet laws has come by way of challenges to the legality of the laws themselves. Although in some cases, specific language in helmet statutes has been successfully attacked on constitutional grounds, the principle of requiring motorcyclists and their passengers to wear safety helmets has consistently been upheld as constitutional.

  3. Josef

    November 13, 2015 at 9:52 pm

    If you decide to take the matter to court, your case will be passed to a judge. The court will let you know the date of your hearing, and your solicitor will tell you about any preparations you need to make.

  4. Joseph Anderson

    November 14, 2015 at 2:44 pm

    In certain cases, accidents are caused by factors unrelated to the conduct of any particular driver. For example, an automobile accident may occur due to a defect in someone’s automobile. In such a case, an automobile manufacturer or supplier may be responsible for injuries caused by a defect in the automobile under the law of product liability. A product liability suit is a lawsuit brought against the seller of a product for selling a defective product that caused physical injury to a consumer or user. If a manufacturer of a product creates a defective product – either in designing, manufacturing, or labeling the product – the manufacturer is liable for any injuries the product causes, regardless of whether the manufacturer was negligent.

  5. Lee

    November 14, 2015 at 5:15 pm

    This really helped me a lot, much appreciated…

  6. Timmy Turner

    November 15, 2015 at 2:56 pm

    To sum up, a good attorney will typically accept your case on a contingency or “no win-no fee” basis if the attorney feels your case has any merit, so it’s important to check the attorney’s standard fee structure. People injured in non-fatal ATV accidents can suffer catastrophic, life-changing medical problems. Treatment for ATV injuries can be costly and extensive. Head and spinal cord injuries often require extensive, ongoing physical therapy and rehabilitation.

  7. Oliverr

    November 16, 2015 at 7:19 am

    Life doesn’t always go according to script. Without warning, anyone can become a victim of an accident, natural disaster, or injury. Insurance is meant to give us some measure of protection, at least financially, in the event of a disaster.

  8. Edgar

    November 16, 2015 at 8:00 am

    Although it is important to protect yourself in the event of a disaster or injury, insurance can be expensive. That’s why it is important to properly assess your risks in order to avoid financial ruin. Some of the most common types of insurance and what they cover are listed below. Protects against damage to the home and items inside the home.

  9. Emil

    November 17, 2015 at 12:23 am

    A type of insurance may protect you from accidents that happen at your home (such as slip and falls) or that may have occurred as a result of your actions. Separate policies may cover liability or certain high-risk natural disasters.

    • STRUCTURED SETTLEMENTS

      November 21, 2015 at 5:06 pm

      If your insurance provider gives you any trouble then let your attorney handle it…

  10. Reyes

    November 18, 2015 at 1:14 am

    Understanding who is liable for what in a personal injury case can be a complex issue, especially for the layman. Failing to obtain such an understanding, however, could prove costly for an injured party.

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