Seattle Personal Injury Attorney Chris Thayer
Seattle Personal Injury Attorney Chris Thayer
Handling Personal Injury Claims in the Seattle Area and Throughout Washington Since 1995

My name is Chris Thayer and I am a personal injury attorney practicing in downtown Seattle. I handle personal injury, medical malpractice and wrongful death claims throughout the greater Seattle area, including Issaquah, Mercer Island and Kirkland.

I am here to help you.

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The Use of Fitbits in Personal Injury Cases

Posted Friday, November 22, 2019 by Chris Thayer

Alternative TextTechnology has now reached a point at which computer equipment that once took up an entire building complex now fits onto a person’s wrist. Personal fitness tracking devices are commonly used for those people attempting to engage in a healthy lifestyle by tracking their daily steps, heart rate, calorie intake, rate of speed during physical activity, and even sleep habits. These devices track physical activity in every way and can prove either extremely beneficial or detrimental to your personal injury claim in a court of law.

*Personal Fitness Tracking Devices*A personal fitness tracking device (such as a Fitbit) is an electronic device that is worn typically on a person’s wrist. Technology has advanced so exponentially that these devices can even include the internet and a telephone. Many companies have broken into this market including Garmin, Nike, and Apple. Similar to a “black box” on an airplane, these personal fitness tracking devices can establish with certainty several details of a person’s movement throughout the day.

*Personal Injury Claims *As these personal fitness devices detail and record all information regarding the physical activity of the wearer, they can become incredibly important sources of information within a personal injury case. In fact, several cases have already been heard in courts that include as evidence personal wearable fitness tracker data. Courts have allowed the following information to be introduced as evidence:

A person was not physically present at a location they said they were.The activity levels of the person did not match the claim that they were not active.

Not only can a personal fitness device determine the level of activity of a person, but also if they were in a certain location and a given time. The court standard has always been that medical expert witnesses were used to testify in personal injury cases, however, it appears that Fitbits and other personal fitness devices are now becoming witness testimony themselves.

It is always important to remember that if you have suffered a personal injury due to someone else’s negligence and are filing a claim in court, the opposing counsel may request your personal fitness tracker data to attempt to prove that your injuries are not as serious or severe as you claim. Contacting an experienced personal injury lawyer will help you understand your rights regarding the private and personal information located on your personal fitness tracking device.

*Contact an Experienced Personal Injury Lawyer Today *If you have suffered a physical injury due to someone else’s negligence, it is possible that your personal wearable fitness tracking device could help, or possibly hurt your lawsuit. The technology that surrounds these devices is new, and visiting with an attorney can help you understand how to build your case, and your next steps. You only have a limited period of time in Washington to file your personal injury claim. For a complimentary consultation of your case, contact our legal team at the Pivotal Law Group at 206-340-2008 or online today. We proudly serve the Seattle, Bellevue, Kent, Renton, Burien, Mercer Island and Issaquah areas.