Fitbits and other fitness trackers collect a huge amount of data about a user’s health and physical activity. This includes the type of exercise, calories burned over a day, location of workouts, sleep patterns, heart rate, and often much more. Most of the time, wearers use these devices for nothing more than meeting fitness goals and tracking trends. However, it is sometimes possible to use Fitbits in a personal injury case — often to the victim’s advantage. For advice on whether fitness data could be relevant to your case, call Hall & Lampros, LLP at (404) 876-8100.
How Accurate Is Fitbit Data?
Some Fitbit data are more accurate than others. For example, an article published in 2018 in the Journal of Medical Internet Research reports that devices are able to reliably measure heart rate, steps, distance, and sleep duration. However, the study found that energy consumption tends to be inaccurate. Another study on the accuracy of Fitbit devices, also published in the Journal of Medical Research, determined that Fitbits are appropriate as motivation tools to help individuals meet their exercise goals. However, the inaccuracy for measurements like sleep, distance, and time spent active means they may be inappropriate for informing health care decisions and for using in research. It follows that courts will be cautious about how much weight to give Fitbit data.
There is also a great deal of difference in the accuracy of data depending on the type of tracker. Furthermore, there are discrepancies among users. This is because the sensors are consumer grade rather than medical grade, meaning there are no standards for collecting data. Something as simple as a tattoo on the wrist or a person’s skin tone could impact the accuracy of the readings. The user could also forget to wear to the device or fail to charge it sufficiently. Finally, devices are subject to the occasional technical glitch, which could impact the data it gathers.
Using Fitbit Data as Evidence for a Claim
There are multiple ways someone filing a personal injury claim could use Fitbit data as evidence. A requirement for most cases is testimony from a doctor and other medical professionals, but Fitbits in a personal injury case can provide evidence to support the experts. Most significantly, the client could use Fitbit data to demonstrate a decrease in activity or decline in physical health compared to before the accident. However, if the person lacked a Fitbit before the injury, it still may be helpful to demonstrate lower physical activity than one would expect from a person of that age and lifestyle. The attorneys at Hall & Lampros, LLP may be able to advise you further on using Fitbit data in this way.
Another way to use Fitbit data is to show that the victim was present at the location of the accident at the right date and time. This could be valuable if the insurance company voices any doubts about who was involved in the accident or even that an accident occurred at all.
Is It Possible to Manipulate Fitbit Data?
The main way someone could manipulate Fitbit data is by intentionally decreasing activity and claiming the decrease is due to an injury. However, it may be obvious that the user is doing this due to the lack of data. Furthermore, it is unlikely that this would be enough to make a claim, as the victim would also need to provide medical records.
Other than this, it is not likely to be possible to manipulate data in a way that reduces activity. There is, of course, the possibility of the Fitbit recording data incorrectly, but it is unlikely that a device would make large enough errors to influence the outcome of a personal injury case.
Can Fitbit Data Be Used Against Me?
Insurance companies may be able to use Fitbit data against the person making the fraudulent personal injury claim. If the insurance company wants to check the validity of the claim, it could request a court order for Fitbit data. If the data appear to show the plaintiff being more active or engaging in more physical activity than should be possible with the alleged injuries, the amount the victim receives from the claim could be lower or the person may receive nothing at all.
Representation for Your Personal Injury Case
There are limitations to using Fitbits in a personal injury case, meaning you will likely need to offer supporting evidence for your claim. You can find out what other evidence would improve your chances of a successful case by talking to a personal injury attorney. Call Hall & Lampros, LLP at (404) 876-8100 to discuss your case.
