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Wearable technology in personal injury claims

From the Apple Watch to the FitBit to the Motorola 360, wearable technology has made rapid inroads into our lives. Depending on the device, we can use it to track our fitness levels, send emails and text messages, call people and more. Now it could help validate your personal injury claim.

Smartwatches as evidence

Smartwatches and FitBits help us lose weight by tracking the number of steps we take and how many calories we burn. Over time, they accumulate data that paints a reasonably accurate picture of our health and physical condition. For this reason, companies such as Vivametrica are frequently retained by employers, healthcare providers, and even attorneys to collect the information recorded by self-tracking devices such as FitBit, Adidas Pacer, and Nike FuelBand. In a personal injury case, this information can be valuable evidence of how the accident has changed the wearer’s life.

For example, if you jogged a certain number of miles per day or followed a particular gym regimen before being injured, then your smartwatch would have recorded everything. When the data collected after your injury differs sharply from what was reported after the accident, it can be used as evidence that your ability to function normally was compromised.

Your smartwatch can also record other evidence of deteriorating health, such as

  • Disrupted sleeping patterns
  • Limited mobility
  • Weight gain or loss

Your treatment practitioners can use the data to put together a more in-depth report on your physical health, which will in turn strengthen your position in court.

Potential downside to wearable technology evidence

The main concern about wearable technology is that it is not 100% reliable. Technical glitches and even human error can affect the integrity of the data collected. In addition:

  • The sensors are consumer grade, so false readings can result
  • There is no single standard for how data is collected
  • Concerns that the claimant may have manipulated the data by altering activity levels to obtain favorable results

Despite the shortcomings and possible unreliability of smartwatches and other types of wearable technology, the data they record can offer a reasonable overview of your physical condition before and after the accident. In that sense, they can prove useful in the courtroom if the insurer or counsel for the at-fault party tries to challenge your claim.

If you regularly use mobile technology and find yourself seriously injured by the negligent actions of another party, then let your New York personal injury attorney know about the device(s). They can arrange to have both pre- and post-accident data extracted and presented in addition to other evidence, such as medical reports and witness statements, so that the value assigned to your injuries is reasonably accurate and you get the settlement you are entitled to.

Jayson Lutzky handles accident and personal injury cases. He has helped many highly satisfied clients obtain millions of dollars in compensation for their injuries. Call 718-329-9500 to set up a free consultation. Home and hospital visits are available in the case of serious injury. Visit www.MyNewYorkCityLawyer.com to learn more about Jayson Lutzky, P.C.

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