LawCall - Fitbit
That’s right. The tiny arm band that measures how many steps you take each day, how many calories you burn, basically, how active you are on any given day, may now be used against you in a courtroom.
Determining whether, and how much, a personal injury victim should be awarded can be very difficult. These cases are complicated and can take years to reach resolution.
Currently, doctors and other expert witnesses are used to determine how serious an injury and how long the recovery may take. But we may soon see wearable devices like the Fitbit being called into action in personal injury cases.
Such is the case in Alberta, Canada where a law firm is using the device to show what effects an accident has had on a client. This marks the first time such a device has been used in the courtroom.
The thought behind this is that a person wears the Fitbit for a period of time during which activity levels are measured and quantifiable information may be gathered and used by attorneys.
How Fitbit Data May Be Used In Court:
• A claimant wears a Fitbit for several months
• Data is extracted, including number of steps taken, elevation and sleep patterns
• The activity is compared to a database showing the average activity of the nation; data sets are weighted by age, gender, body mass index
• This data is used along with other legal assessment tools, and other medical data
The use of a device like a Fitbit could be beneficial to either side in a personal injury case.
In Calgary, an attorney who is representing a personal trainer believes that the data from his client’s Fitbit will show that she is not able to work as much or as hard as before her accident. This may mean a larger settlement for his client.
Prior to this, attorneys had to rely on subjective, personally reported information from clients.

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