The trend that started with small pedometers clipped onto belts has turned into a device that is almost as common as cell phones. Now that fitness trackers offer you more than simply your step count, one of these gadgets might be part of your everyday attire.
When you are recovering from an injury, your fitness tracker may still be part of what you put on as you get ready for the day. Recently, however, a Missouri man had to turn over data that could impact his personal injury case alleging injuries from a hip implant.
Here’s how fitness tracker data could affect your personal injury case.
What are they looking for?
When you claim that you have an injury and make a request for damages, you are stating that there are certain activities you cannot do because of the injury. During the course of your case, your side will present evidence that the defendant caused your injury, limiting your abilities (either short-term or long-term). The entity you are accusing will likely claim either that they did not cause the injury or that the injury is not as bad as you claim.
In the Missouri case, Zimmer Biomet Holdings Inc, the company that manufactured the plaintiff’s hip implant, requested fitness tracker data. They were looking for evidence that Plaintiff Hollins’ injury from the implant was not as extensive as he claimed.
Ultimately, if the tracker data shows that Hollins is still capable of strenuous activity, it could raise an issue in his case.
Is the data reliable?
If you have ever experimented with how a fitness tracker works, you know they are not perfect. The tracker may show that you climbed stairs when you took a walk on a slight incline, or it may show more or fewer steps than you actually took.
Part of this specific case will include looking at the data to determine its accuracy and relevance. This case could be important since there are still relatively few cases that have looked at fitness tracker data to verify a personal injury claim.
As you are recovering from a personal injury, it is essential to talk to an experienced professional who can help you understand the critical details of your claim.