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Much like social media as evidence, attorneys search for any materials that may help or hinder the claims of their clients or opposing parties.  Now that millions of people have joined the health and wellness trend of using wearable technology devices such as fitness trackers and smartwacthes to monitor their movements, word is spreading through the legal community that the data logged by these devises may be relevant to personal injury claims.  Data tracked by these devices can help prove how active you were before and after an injury.

For example, although use of personal fitness device data has yet to be used in a reported case in New York, a personal trainer in Canada is using data from her Fitbit fitness tracker to prove how her life changed after an accident.  A company is comparing her physical activity level to the public average for a woman of her age and employment to potentially provide objective data of her injuries.

While this data could be compelling evidence to a jury, an attorney would still have to prove who was wearing the device and that the data at issue is accurate.  Regardless, both attorneys for plaintiffs and defendants have started asking people injured in accidents for their activity data, and insurance companies may soon start asking for this information as well.

Companies maintaining this personal fitness data may be required to disclose relevant data to comply with a valid legal process, such as a warrants or subpoenas.  As such, we encourage our injured clients using fitness monitors to save their devices and preserve their data in the event of an accident or injury. 

Please contact Peter J. Gregory at (585) 512-3506 or pgregory@mccmlaw.com if you would like to schedule a consultation to discuss how this may impact your personal injury case.  Peter represents clients in Greater Rochester who have been injured or have lost loved ones in accidents caused by the carelessness and recklessness of others.  

This publication is intended as an information source for clients, prospective clients, and colleagues and constitutes attorney advertising. The content should not be considered legal advice and readers should not act upon information in this publication without individualized professional counsel.