Can My Smartwatch Be Used as Evidence in My Personal Injury Claim?

smartwatch used as evidence personal injury claimAdvances in technology and telecommunication have spawned the proliferation of electronic accessories. These do more than tell time—they pack all the technological innovations of a smartphone into a wearable device. You can make calls, track your steps, and check your pulse from your smartwatch. This groundbreaking tech is transforming healthcare and fitness, among many other industries. 

 

One unexpected field these devices are infiltrating is law. Wearable technology is slowly beginning to prove a powerful tool in the courtroom. Since electronic accessories record data about a person’s health, lifestyle, and activity levels every day, prosecutors and lawyers are using information from these devices to verify or disprove a person’s testimony. Here are some ways wearable technology is being used as evidence in personal injury cases. 

Accident Reconstruction Using Smartwatch Data

In a personal injury case, it is common to perform accident reconstruction, wherein experts aim to recreate the events that led up to an accident. This process is helpful in determining the at-fault party in an incident. Using a combination of data analysis, engineering tools, and witness testimonies, experts are able to identify the cause of an accident and explain how it could have been prevented. 

 

Through providing data on a person’s physical state before and after an accident, wearable devices offer information that has traditionally been hearsay. However, accident reconstruction remains a complex process. If you’ve suffered from injuries as a result of negligence, it is always best to consult with a skilled personal injury lawyer to ensure a thorough accident reconstruction process. 

Entering Data From Wearable Technology as Evidence in Court

Wearable devices are transforming the legal process by providing key insights and data points into a client’s health, physical location, and mental state. Evidence and details a smart accessory can provide in court include:

  • Heart rate
  • Blood pressure
  • Physical location 
  • Weight loss
  • Diet 
  • Mental state
  • Activity levels

Providing Evidence for a Personal Injury Claim

Personal injury claims are most successful when a plaintiff has substantial documentation or data to prove the extent of their damages and injuries. Increasingly, lawyers are relying on data gathered by wearable gadgets to uncover key evidence in personal injury cases. In addition to medical documentation, data from your smart accessory can verify your level of pain and suffering. 

 

For example, if you are involved in a car accident and suffer serious injuries, a Fitbit could provide information about the state of your health before and after the accident. If before the accident, your Fitbit data showed high levels of activity—in comparison to post-accident—it could prove to a courtroom how your health was affected as a direct result of the crash. 

Questioning Testimony Credibility 

While data from wearable gadgets can validate a plaintiff’s testimony, it can also be used to question their credibility. If the data collected from an electronic accessory contradicts a plaintiff’s testimony, it can quickly invalidate their claim and lead to an unsuccessful personal injury case. For example, if a plaintiff claimed they were attacked, but their smartwatch data showed no change in their heart rate, it is likely they aren’t telling the truth. A prosecutor could then use this information to raise doubts about their credibility to a jury.  

Consult With a Skilled Personal Injury Lawyer

Wearable technology is an added component to the already complex process of filing a personal injury claim. If you have been injured due to the negligence of someone else and are interested in speaking with a lawyer, you need to find a firm that you can trust. At The Umansky Law Firm, our attorneys have a proven track record of successfully winning personal injury claims. Our personal injury lawyers are experienced in a variety of cases and will ensure your rights are upheld. To schedule a free consultation, call (407) 228-3838 or complete an online contact form.