Health tracking devices can help create a record of impairment following an accident.
In cases where an individual has lost a limb, been paralyzed, or suffered a severe brain injury that leaves them virtually unable to care for themselves, it is relatively easy to demonstrate the quality of life that has been lost as a result of the injury. But when a victim is left in serious pain, yet appears outwardly whole, it can be much more difficult to establish the impact that the injury is having on their life.
Personal Injury Diaries Can Help
Traditionally, one of the tools used for this purpose was a personal injury diary or journal. While a doctor’s diagnosis would still be necessary to prove that the injury occurred, the journal is often vital for documenting the ways in which the injury and associated pain impacted the victim’s daily activities. The personal experiences recorded in the journal help to show exactly how the injury affect the victim’s mobility, their independence, their ability to work, their sex life, their social life, and their mood and emotions.
Diaries Can Be Supplemented with Fitness Trackers
With the advent of various fitness tracking apps and tools, the traditional pen and paper personal injury journal has gotten a valuable boost. For example, the data from a fitness tool such as FitBit (a wearable step-tracker that can also record heart rate and sleep patterns) can be used to support a victim’s assertion that an injury has left them unable to walk more than 100 feet at a time without resting due to pain, unable to climb stairs, unable to sleep more than 4 hours at a stretch, etc.
Canadian Firm Brings FitBit Data to Court as Evidence
The possibilities of using FitBit in a personal injury claim came to international attention recently when a Canadian firm announced that they would be using FitBit data to support the claim of a woman whose injuries forced her to give up her profession as a personal fitness instructor. The plaintiff wore a FitBit for several months after her injury. The data from her FitBit was then extracted and compared to publicly available data on activity levels in people of her age in the general population by an analytics firm called Vivametrica. According to her attorneys, this comparison will create objective, quantifiable data showing that the plaintiff is less active than the general population and certainly unable to resume work as a personal trainer.
Beware the Other Side of Fitness Data
Of course, there is also the potential for fitness data to be used by the defense in a personal injury case. Just as Facebook accounts have been requisitioned as evidence, so too could a victim’s Fitbit account.
If you have been injured in an accident, it is highly recommended that you consult with an experienced personal injury attorney such as Fernando D. Vargas before making any statements about the accident on social media or deciding to use any sort of fitness tracker during your recovery.
For a free consultation with Attorney Vargas, please call 909-982-0707.
