Personal Injury Attorneys Helping Prove Catastrophic Injuries for Victims in Washington State
Wearable technology has become widely popular over the past few years. Even smartphone makers are now making wearable devices that connect to your phone so that you can text, email, and receive messages.
One of the more popular forms of wearable technology is the Fitbit. Fitbit offers a variety of wearable devices designed to monitor sleep habits, heart rate, number of steps, and active minutes during the day. These provide you with insight into your healthy and not-so-healthy habits, but they also do something else.
In some cases, a Fitbit or other personal fitness tracker could be used to help establish the severity of your injuries.
What is a Catastrophic Injury?
A catastrophic injury is one that is severe and not easy to recover from. When you suffer from an injury of this magnitude, you often have permanent deficiencies. For some, that could mean issues with cognition, while for others it could mean permanent paralysis, scars, or lost limbs.
These injuries can impact people’s daily lives, and prevent them from working or enjoying life as they did before. The costs for recovering from catastrophic injuries are extreme – because victims often need assistance for the rest of their lives, they will likely have a higher compensation value from their personal injury claim.
How Does a Personal Fitness Tracker Provide Evidence of an Injury?
A personal fitness device, such as a Fitbit, tracks how much activity you do. If you had one before your injury, you could use the device’s data to show how active you were before the injury versus how active you were after the injury. You can show your limited mobility, increased heart rate from stress, and even sleep disturbances that you have experienced since your catastrophic injury. But, it is important to note that personal fitness data from wearable technology has not been widely used in such claims. It has only recently become a popular form of evidence in personal injury cases.
After an accident, there will be people who doubt the nature or full extent of your injuries. The attorneys for the insurance company have one goal: Do whatever it takes to lower your settlement amount. That means trying to prove to the court that your injuries are not as severe. One possible way to prove your injuries – and the harm they caused – is through your personal fitness data. You can show how dramatically your activity and lifestyle has changed, and the data cannot be altered.
Fitbit Data Might Do More Harm Than Good
While this data can be helpful, it can also damage your case. Fitness data from the devices is relatively accurate, but there are still inconsistencies. Some might count steps even though you are being wheeled in a wheelchair. You may also have increased activity hours during rehabilitation appointments.
In the event that someone is filing a false claim, fitness data could prove that he or she has not been impacted by the injury as claimed. So, it is imperative that you ensure your data correlates with all claims in your lawsuit.
If you are curious about what evidence you can use to prove your injury case, it is best to leave it up to a personal injury attorney. Brett McCandlis Brown, PLLC has been handling catastrophic injury cases for years, and we can help you receive the compensation you need to recover from your injuries.
Schedule a free consultation now at 800-925-1875 or contact us online to schedule an appointment.