In 2015, over 70 million fitness devices and smartwatches were sold to consumers in the U.S. With the increasing number of people monitoring and tracking their activity and fitness, this has created an opportunity for attorneys to gather even more information about us when involved in personal injury litigation.
While I am a proponent for living a healthy lifestyle, and using a fitness tracker myself, the use of these devices can cause potential problems for clients that have been involved in accidents and have filed personal injury lawsuits. This material may be requested by insurance defense lawyers in an effort to prove that a debilitating injury has not, in fact, debilitated a plaintiff. While you may be advising your counsel that you are debilitated and not as active as you were before your injury, by tracking you activity, defense attorneys may be able to prove otherwise thereby limiting your recovery. In plaint language, you should only file a lawsuit to recover for personal injury, if you are truly debilitated. If you tell you lawyer that you can’t exercise the way you did prior to your accident and your Fitbit tells another story, this could be problematic.
However, the reverse is also true. If you are an active person and have been involved in an accident, your fitness tracker can prove that you have been debilitated by showing the decline in you your activity and fitness levels after your injury. In short, fitness devices can be very helpful to your case if you were an already active person.
If you’ve been injured and need an attorney to advise you of your rights, please contact us at the Law Office of Dennis J. DiSabato, Jr., LLC
Dennis J. DiSabato, Jr.
The Law Office of Dennis J. DiSabato, Jr., LLC
3888 Renee Drive, Suite 201
Myrtle Beach, SC 29579