“Fitbit” makes small wearable gadgets which track a variety of personal fitness metrics, such as heart-rate, blood pressure, steps walked/climbed, and even quality of sleep (these metrics can also be uploaded and evaluated via PC or mobile phone), and they are also beneficial for personal injury victims to assess their health and recovery since being injured. While Fitbit trackers are highly useful and the company is currently shifting its focus and emphasis from consumer electronics to digital health care, the New York Daily News recently discussed an unintended use for these devices: evidence against a personal injury victim in a court of law.
Insurance companies already go to remarkable lengths to discredit personal injury claimants and minimize their payouts – from secret video-recording and monitoring social media profiles to hiring private investigators – and in some cases the information gathered by a Fitbit device could be used against a claimant, rightfully or wrongfully.
One case discussed in the article involved a woman who was an alleged victim of assault; though she claimed she had been sleeping when the attack occurred, her Fitbit later revealed that she had actually been awake and walking around at the time. In another case in Canada, a woman involved in a personal injury lawsuit attempted to use information from her Fitbit as evidence that her physical activity had decreased since her accident occurred.
While the legality of obtaining and using such evidence is not necessarily clear, it’s important to remember that personal fitness information collected by Fitbit – such as how far you walked or ran, for how long, and on what date – can be revealing in ways similar to social media posts and should be treated as such. If you are involved in a personal injury case due to an accident, you must be extremely cautious of any personal information you post to the internet, be it on social media, other forums, or Fitbit or a related site, because if you are pursuing compensation for your injuries, it’s a safe bet that the opposing side is looking for ways to cast doubt on your case. Protect your claim by staying honest and withholding any personal information that could be twisted and used against you.
If you or a loved one has been injured in an accident due to negligence, contact 844 See Mike for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.
Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.
