Fitbit Data and What it Could Mean in Injury Cases
Quantifiable data. This kind of data and evidence is invaluable in the courtroom for injury cases. Soon, data like this that is more specifically, coming from your Fitbit or other wearable smart watch might be commonplace in court.
Data from a smartwatch might show abnormal physical conditions at the time of injuries. It also might show if there were any distractions happening at the time of an accident such as texting or checking something else.
For example, a law firm in Calgary is using activity data from a Fitbit to help show the negative effects an accident had on one of their clients. It is the first known personal injury case to use this type of evidence. The client was a personal trainer with an active lifestyle before the accident. The data they are using will show that her current activity level is under the baseline for someone of her average age and profession.
More specifically, the Fitbit data is going through an analytics platform called Vivametrica, which uses research on the public to compare someone’s activity levels with the general population. This data can be used in conjunction with clinical interpretation to present an even stronger case with empirical evidence.
It’s important to note that eventually Insurer’s might want to use this data as well. They can request a formal court order for the data from Fitbit directly or a law firm.
Data from these smartwatches is always advancing and could be a gold mine of information for litigation. Almost like a “black box” for the body according to Matthew Pearn of Claims Canada.