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Your Fitness Tracker Could Help Your Personal Injury Case
Fitness trackers have quickly become a fixture on the American wrist over the past couple of years, taking the lion’s share of the wearable gadget gift market. Fitbit, the Apple Watch, and a dozen other such gizmos can track not only steps taken, but also blood pressure, heart rate, sleep quality and more. Fitbits, in particular, have become increasingly popular because they can help most keep track of their fitness goals and achievements, allowing you to more easily reach those goals. When you know how many steps you take during the day and how you sleep at night, it becomes a little easier to lose weight, for example.
Consider:
• One in six consumers owns some type of wearable technology.
• Almost half of all wearable tech users – 48 percent – are between 18 and 34. While more than two-thirds of 16- to 24-year-olds want wearable tech.
• More men are in the trend than women: 69 percent versus 56 percent.
• On the financial side, analysts expect the market to grow by 35 percent by 2019.
These fitness trackers are now being used with increasing frequency to support or dispute information used in court cases, including personal injury lawsuits. In 2014, a Canadian judge used information collected by a Fitbit to assess the lifestyle change of an accident victim. Information stored in the accident victim’s Fitbit provided evidence that she had become much less active than she had been before the accident. The data comparison showed:
• The victim took fewer steps per day than before the accident;
• The victim slept less soundly and for fewer hours;
• The victim’s general fitness had decreased.
The judge in this case used Fitbit data to assess the damages that the accident inflicted. The experts fed the data through a larger program called Vivametrica, which compared the actor’s information to that of the general population. The judge could then see that the actor was functioning below the average for women in his age group. The fitness tracker offered a tool that provided facts that supported the victim’s subjective perception of what she had suffered, and the judge was able to assess her suffering and award compensation based on objective data.
This type of information gleaned from a fitness tracker can help you win a car accident court case if you are severely injured by a driver who is doing less than is normal for your average driver. As this case demonstrates, the use of fitness tracker technology can affect the outcome of some personal injury cases depending on the circumstances.
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