Fitbit, Wearables, Smartwatches and Personal Injury Claims
You might be familiar with fitness products, such as Fitbit or Smartwatches, which are consumer gadgets that you can buy and that collect and store your health data. You might not know that, if you wear one at the time of your accident, it is an important piece of evidence in your case.
These devices are pertinent because they objectively record information such as your level of activity (e.g. number of steps you take per day, distance you travel per day, the number of calories you burn per day, sleep patterns and stages, active minutes, location). Knowing this type of data from before and after the accident can show how the accident has affected your lifestyle. For example, if, before the accident, you were physically active and took an average of 15,000 steps per day, but, after the accident, you only take an average of 4,000, it is just one way of showing the effect your injuries have taken on your activities of daily living.
In this sense, they are just like any other types of relevant evidence such as physiotherapy records, which show that you have been attending therapy, and family doctor’s notes, which prove that the doctor has made determinations about how to deal with your pain and concerns.
In November 2014, a Calgary lawyer first used a Fitbit device as evidence to show that his client, a personal trainer who was in peak physical shape before the accident, had suffered damages. Now, these fitness products are generally accepted as relevant and discoverable.
Because these devices are relevant, if you use or used one of these devices at the time of the accident and have a personal injury claim you should tell your lawyer about its existence. It would have to be disclosed in good faith to the insurance company.