FREE Consultation
904-358-8881

Could Your FitBit Data Be Used in Court?

Our Jacksonville personal injury lawyers discuss if your FitBit data can be used as evidence in court.

Since its creation just a few years ago, FitBit has revolutionized the way that individuals view fitness and exercise. Going far beyond the pedometers and monitoring equipment of yesteryear, FitBit and similar devices now offer everyone from hardcore exercise buffs to the weekend bicyclist or jogger a variety of information and data pertaining to their health.

Heartrate information, number of steps taken in a day, and even how well a person sleeps can all be monitored by FitBit and other fitness-tracking devices. The data can then be downloaded to a device so that the user can see his or her health and fitness data, analyze trends, and create fitness goals.

FitBit data is also playing an increasingly important role in the courtroom as well. The success of a Florida personal injury case could be directly affected by the information a fitness-tracking device contains.

FitBit Use by the Numbers

According to a January 2016 survey by Nielsen, 46 million Americans use some type of mobile fitness app to assist them in monitoring their health and fitness. While some of the apps are considered standalone (in that they do not connect with any type of wearable device like FitBit), according to the same survey, FitBit’s own mobile app had 3.3 million users in the United States. However, these statistics alone do not fully describe how prevalent FitBit use is throughout the country. According to Statista.com:

  • In 2015 there were approximately 9.52 million active users of FitBit devices, up from fewer than 1 million users in 2012.
  • Since 2010 FitBit has sold nearly 17 million devices (this does not count other fitness-tracking devices sold by other companies).
  • It is estimated that by the conclusion of 2016 there will be nearly 40 million users of FitBit and other fitness-tracking devices.

With the explosive growth of FitBit devices and other fitness-tracking devices, it can be safely assumed that data from these devices will play an ever-increasing role in the courtroom as well.

How FitBit Data Could Impact Your Personal Injury Case

Could Your FitBit Data Be Used in Court?FitBit data could provide crucial evidence in your personal injury case. Some personal injury plaintiffs throughout the country have already had their FitBit data subpoenaed by the opposing party. FitBit experts who are familiar with how these devices store information and how this information can be retrieved can help present and explain information contained in your FitBit. This information can then be used by attorneys and other experts to support claims in your personal injury case, such as:

  • Your location: Are you claiming you were in a certain location at a certain date and time? Your FitBit data may confirm that fact. Some FitBit models and other fitness-tracking devices have a GPS feature that tracks the location of wearers with a surprising amount of accuracy. Suppose that you were struck by a car while crossing a particular street. Your FitBit data may be used to confirm your location.
  • Your activity: Are you claiming that you suffered a personal injury while out for a morning stroll? Your FitBit device’s data could confirm that you were indeed awake and active at the time of the accident.
  • Your health: An article published by Forbes describes how in one personal injury case a woman’s FitBit data is being used to establish her exercise and activity habits post-accident. Attorneys for the woman hope to be able to use the data to show that the woman’s level of activity is now below that for someone of her age and engaged in her profession of personal training. If you wear a FitBit, information about your heartrate, calorie intake, steps taken, and other similar data can all be used to show how active – or inactive – you truly are. Your FitBit data could show that you were very active and healthy prior to your personal injury accident, and that your health and mobility has drastically deteriorated since your accident.

Of course, in order to use the information stored by your FitBit effectively, an attorney will need to know how to obtain the information, how to have the information admitted into evidence, and how to select experts who can adequately explain what the information means. You should expect that there will be more and more of these experts cropping up throughout the United States as fitness-tracking device use also increases.

Contact Us for Assistance with Your Personal Injury Case

At the Law Firm of Pajcic & Pajcic, we love fitness and can therefore sympathize with the reduction in mobility, depression, and other economic and noneconomic costs that a personal injury accident can cause. We also are committed to using all available tools and data to help you prove your case and obtain compensation from negligent parties.

When you have been injured by the careless or reckless actions of another person in Jacksonville or surrounding areas of Florida and Georgia, we are here to help. Call the Law Firm of Pajcic & Pajcic or contact us online now for help.