A Fitbit Can Be Used as Evidence Against You in Your Personal Injury Claim

Video Transcription:
Do you have a Fitbit? Everybody that I know seems to be using them and I think they're great for keeping you on track for the activity level that you want to pursue. But were you aware that they are now becoming a device that is tracking everything that you do and is available for your lawyer or more importantly, sometimes the defense lawyer?

Think about it. Your Fitbit knows how fast you're walking, whether you're running, the distance you're covering and it sometimes keeps track of your sleep, the hours of your rest and inactivity. It also keeps track of where you go and how long you stay there. All of these things are being recorded on your device.

So, when a defense attorney or a claims adjuster is evaluating a case, we as personal injury attorneys are going to begin to see requests for information about whether someone has a Fitbit and then the data from that device.

There have been some very notable examples in the press recently about how a Fitbit has worked for or against somebody in relation to a criminal or civil claim. There was a situation that I'm aware of that a person claimed they had one level of activity (they said they couldn't do things) but the Fitbit showed that they were doing exactly what they were doing before the accident in terms of their walking, running speed and other activity.

Keep in mind that the Fitbit is a tremendous device but also be understanding that you have to be honest about what you acknowledge you can or can't do when you've been involved in an accident because there is another way lawyers can look to make sure you're being honest.

Jim Dodson
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