Firm-Wide blog

Your Fitness Tracker Could Help Your Personal Injury Case

By Burg Simpson
April 20, 2017
2 min read

Fitness trackers have quickly become a fixture on the American wrist over the last two years, taking the lion’s share of the wearable gadget gift market. Fitbit, the Apple Watch, and a dozen other such gizmos can track not only steps taken but also blood pressure, heart rate, sleep quality and more. Now, fitness trackers are being used with increasing frequency to support or dispute information used in court cases, including personal injury.

In 2014, a Canadian judge used information gleaned from a Fitbit to assess the change in the lifestyle of an accident victim. Information stored in the accident victim’s Fitbit provided evidence that she’d become far less active than she had been before the accident. The data comparison showed:

  • The victim took fewer steps per day than before the accident;
  • The victim slept less soundly and for fewer hours.
  • The victim’s overall fitness had declined.

The judge, in this case, used the Fitbit data to assess the damage the accident inflicted. Experts then fed the data through a larger program called Vivametrica, which compared the plaintiff’s information to that of the general population. The judge could then see that the plaintiff was functioning below the average for women in her age group. The fitness tracker offered a tool that provided facts that supported the victim’s subjective perception that she had suffered, and the judge was able to evaluate her suffering and award compensation based on objective data.

As this case demonstrates, the use of fitness tracker technology may affect the outcome of certain personal injury cases. If you have been injured in an accident, and those injuries have affected your functioning and lifestyle, contact our  Denver personal injury lawyers in Denver now. Call Burg Simpson trial attorney at 303-792-5595 or contact us online to schedule your free consultation!

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