Personal fitness technology is evolving at a phenomenal rate. New devices and apps for smartphones have made it possible to show precisely when, and in some cases, how, an injury has taken place. Devices such as Apple’s iPhone and Fitbit Activity Trackers collect and store everything from GPS data to heart rate.
This information can be presented as evidence to prove that a person was where they say they were when an injury took place. It can prove whether a person in fact visited a hospital or physician’s office post injury, and equally as important, it can show the physical status of a person immediately following an alleged injury.
“It’s a new and exciting era that will make pursuit of personal injury claims considerably more efficient. This data will streamline the collection of data to present as evidence, and it will make it more difficult for insurance companies, employers, etc. to deny an injury took place. Further, as the technology advances to include more information, it will have a two-fold impact. First, it will reduce the number of frivolous claims thus reducing congestion in the courts. Second, it will make it very difficult for defendants to dispute the data,” remarked Chicago personal injury attorney Howard Ankin.
Cases relying upon the use of existing fitness tracking technology and devices have been presented in nearby Michigan and other states. While it still requires professional medical opinion to interpret, the information that has been provided has been welcomed by both plaintiffs and defendants. Equally important, judges and juries are giving the data and hard numbers as much credence as professional medical opinion.
“Fitbits, iPhones, microchips, etc. are human “black boxes.” They’re trusted by the people who use them to monitor their health. Now, these devices can help protect their health. Widely accepted as reliable technology, the information these deliver will have the potential to divert many cases from the courtroom and towards more favorable pre-trial settlements for plaintiffs. And that’s always beneficial to patients looking to move forward with their lives as quickly as possible,” asserted Chicago personal injury attorney Howard Ankin.
