Wearable technology will significantly impact personal injury
litigation
Fitness trackers and smart watches provide a new avenue for
discovery of damages in litigation, and we've only just begun
to see the possibilities for its use in the courtroom.
Collecting personal health data from wearable technology is
increasingly simple as employers and health insurers are
implementing incentive programs for employees and customers to use
fitness trackers. To enjoy the incentives, users must submit their
fitness data to employers/health insurers.
Litigators can request fitness tracking data directly from a
claimant or their health insurer by subpoena via written
authorization from the claimant that should effectively eliminate
any burdensome or privacy objections. The use of this data can
support a claimant's case or completely undermine their claims
by showing that their injuries are not as serious as claimed and
maybe even prove fraud.
