Will Your Fitbit Help or Hinder Your Injury Case?

Injury CaseThere is no question that fitness trackers have become extremely popular over the past few years. One of the biggest manufacturers of these trackers is Fitbit. However, other brands that have versions of a fitness tracker include Apple, iFit and Samsung.

Each of these trackers is designed to help people remain active, remember their fitness goals and get in shape. However, they have another use as well.

Several years ago, it was shown that fitness tracker data could be used as evidence in a personal injury claim case. In one situation, it was used to prove that a woman was lying regarding an assault she claimed she suffered. In another, the information was used for a personal injury claim to prove that the activity levels of a person had been reduced significantly after the accident occurred.

This leads to many wondering if a Fitbit (or any other type of fitness tracker) would be harmful or helpful to a personal injury case.

How Reliable are Fitness Trackers Regarding a Person’s Activity?

Modern fitness trackers are designed to show a person’s activity level, which includes number of floors or steps walked daily, travel distances, heart rate and blood pressure. This information could be used and then compared to other data to show a reduction in activity.

However, that same information may be used against you as well. The defense may be that personal trackers show you didn’t have a significant reduction in your activity, which may be used to disprove how severe your injuries were.

Before you make the assumption that your Fitbit is going to come to your rescue, you may want to speak with your personal injury attorney, access the data and see if there are any red flags. While there is no way to keep the other side from having access to the evidence, your lawyer could explain certain increases in activity during the recovery process, such as rehabilitative therapy or walking from the parking lot to your doctor’s office, if you are both prepared.

The Impact of Fitness Tracker Communities

Another important consideration is how the majority of fitness trackers also have communities. This is where you can post your activity, mood and other information, along with social media sites. While you may believe you are sharing the information only with friends and family members, it could be pulled from this community and then used against you if you file a personal injury lawsuit.

Hire a Personal Injury Attorney for Help

It is important to note that if you do suffer an injury and you use a fitness tracker, you need to consult with an attorney to learn how the information may be used against you, or to possibly help your case.

If you have questions or need help figuring out your situation, it is a good idea to contact a personal injury attorney. You can contact the attorneys at Hilton & Somer, LLC by calling 703-560-0700 to learn more. Being informed and knowing what your rights are can go a long way when it comes to these types of legal cases.