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Fitness Trackers and Your Indiana Personal Injury Case

Guy DiMartino Dec. 2, 2014

In June 2014, my buddy Jeff and I decided to purchase fitness trackers. I decided on a Garmin Vivofit. My fitness tracker monitors steps, miles, and sleep habits. Since I started tracking my steps, I've logged over 2.1 million steps. This data is stored in the Garmin App, which I can access on my phone and online. Additionally, I can share my stats with a community of people who are members.

This brings up the point, can this data be used in personal injury matters either for or against the injured person.

In Canada a law firm that represents an injured person is attempting to use her Fitbit data to support her loss of quality of life claim. The client was a personal trainer when she was injured in an accident, and now her attorneys are trying to use the data to show that her activity level has decreased because of her injuries.

This lawsuit is an example of how wearable technology and personal data can be used to support a plaintiff in a personal injury matter. However, insurance companies, investigators, and prosecutors can also use this type of data to deny claims and put people away.

We live in an exciting time and it will be interesting to see what happens in the future with this information.