Wearable devices are more popular now than ever.
In fact, a recent study from the National Heart, Lung, and Blood Institute reports that one in every three adults (33%) uses some type of wearable device.
If you are injured while wearing a device, you may be able to collect valuable data that can help support a personal injury lawsuit.
Here’s what to know and how to get legal help if you or someone in your family is injured in Massachusetts by someone else’s purposeful or negligent actions.
What Can Wearable Devices Track?
Wearable devices like Apple Watches, Fitbits, and Oura rings have special sensors that can track key health metrics like your heart rate, activity levels, sleep, and more. These data points are measured continuously as long as you’re wearing the device and can be used to illustrate patterns over time and identify disruptions to those patterns.
How Wearable Devices Can Play a Role in a Personal Injury Claim
According to a study published in JMIR mHealth and uHealth, wearable devices help empower patients with a richer data set than can ordinarily be obtained during regular health care visits.
These biometric records can also offer compelling evidence in a personal injury claim.
For example, data from a wearable device may be able to:
Establish a Timeline for the Injury
If you were wearing a smart device at the time of the injury, it could have recorded your steps suddenly stopping or an unexpected spike in your heart rate. This timestamped data can help establish exactly when the injury occurred and can be helpful if the at-fault party is disputing the reported timeline of events.
Document Health Changes Over Time
A demonstrable decline in your average metrics can be a clear indicator of how the injury has affected your day-to-day life. For example, if you are taking radically fewer steps, have a high heart rate, or your sleep quality is worse than before the injury, this can help prove ongoing stress and trauma.
Corroborate Victim Claims
Personal injury claims are heavily scrutinized for inconsistencies by insurance companies and the opposing side’s attorneys. Wearable data can reinforce your witness statement with objective evidence that aligns with your medical records and reported symptoms.
Potential Challenges of Using Wearable Device Data as Evidence
Even though wearable devices can provide meaningful metrics for your personal injury claim, they also come with some caveats that defense lawyers readily exploit. Since fitness trackers and other wearables are not medical-grade devices, their accuracy may be called into question.
Courts may also look into how the data was collected, stored, and obtained to determine its admissibility. This may result in evidence being dismissed in cases where a third party may have handled data improperly.
The Benefits of Hiring an Expert Witness
When wearable data is involved in a personal injury claim, it’s a good idea to work with an expert witness who understands both the technology and medical aspects of the evidence.
An expert can analyze and interpret the data collected by your device, compare pre- and post-accident metrics, and explain the data clearly to a judge or jury. This helps prevent your data from being misrepresented or misunderstood.
Further Reading: Which Personal Injury Cases Need an Expert Witness?
Contact Mazow | McCullough, PC for Help with Your Injury Case
If you or a family member were injured in an accident that someone else caused, you may have legal options. Contact the experienced Salem personal injury attorneys at Mazow | McCullough, PC today to learn more or to schedule your free case consultation at (978) 744-8000, or call toll-free at (855) 693-9084.
