Your goal when you strap your fitness tracker to your wrist may be to track your steps or monitor your heart rate. But wearable devices like smartwatches and fitness monitors collect a great deal of additional information about you. That data could be used to your benefit or detriment in a Fort Lauderdale personal injury claim.
At Rosen Injury Law, wearable technology is changing how we prepare for personal injury cases. You need to understand how it can affect the compensation you can recover after an accident.
Leading Types of Wearable Technology
Wearable technology is advancing fast. Some of the leading types of wearing devices include:
- Smartwatches, including the Apple Watch.
- Smart jewelry, such as the Oura ring.
- Fitness trackers. Like Fitbit and Garmin.
- Smart clothing is being developed.
- Implantables are still in the experimental stage, but Neuralink and other companies are advancing the technology toward commercial availability.
How Wearable Technology Can Make or Break Your Personal Injury Case
If you are injured in an accident and are wearing a fitness tracker, smart watch, or other wearable technology, the data it collects could be used in your personal injury case. However, the data must be admissible. To be admissible in court, it must be relevant, authenticated, and reliable.
These devices typically create a timestamped record of your location, which can be helpful in premises liability cases and other claims. This is especially true if the defendant claims you were not on their property or at the location where your accident occurred.
Wearable technology may also record your level of activity before a car accident and then after your accident, which can help prove your damages claim. It can help demonstrate the impact of your injuries on your daily life.
Some devices can record your physiological responses that are consistent with the injury you claim to have suffered, supporting your case.
It is important to understand that wearable technology data can be used to support your claim, but may also be used to defend against it. Insurance companies and defendants are increasingly aware of the value of wearable device data in personal injury cases and may request access to it during discovery.
The GPS data from your device could damage your case if you claim that your injuries have resulted in you being basically homebound and unable to go out and enjoy your life. If data from your watch shows that you change locations multiple times per week or are going on vacation, insurance companies may argue that your injuries are not affecting your daily life.
But that does not mean you should attempt to delete the data or stop wearing your device after an accident. Doing so could lead to allegations of evidence spoliation, which can be devastating to your claim.
You must be honest with your attorney and tell them what wearable technology devices you had with you at the time of your accident, as well as those that you typically use.
Wearable Technology and Privacy Concerns
You should not simply hand over your data to an insurance company, defendant, or anyone else. Because these devices store so much personal information, you want to limit the data access to others to that which is genuinely relevant to your claim. You need to ensure the attorney you hire to represent you is experienced with wearable technology and knows how to protect your privacy rights.
Contact Rosen Injury Law Today
If you have been injured due to another party’s negligence or wrongdoing, you have the right to be compensated for your damages. Technology is advancing rapidly, and new technologies are reshaping how we practice law. Your attorney must stay current on how technology can affect your case.
At Rosen Injury Law, our personal injury attorneys stay on the cutting edge of all advances that impact our clients. We have the experience, knowledge, and skills to protect your rights and help you secure maximum compensation for your damages. Call (954) 787-1500 or visit our contact page and schedule a free consultation to discuss your claim.