Can fitness tracker data be used as evidence in an injury claim?

Smart watch and activity tracker data can contain valuable evidence of your fitness levels before your accident. This article examines the viability of of relying on fitness tracker data as evidence when making a personal injury claim, exploring its potential to support a claimant's case.

What are health and fitness trackers (wearables)?

Health and fitness trackers are wearable devices designed to monitor and record various aspects of an individual’s physical activity and health metrics.

These devices, often worn on the wrist like a watch or as clip-ons, track data such as steps taken, calories burned, heart rate, sleep patterns, and even blood oxygen levels. By syncing with smartphones, users can track their progress over time, set health goals, and sometimes share their achievements on social media. As technology has advanced, trackers have become increasingly sophisticated, providing detailed insights that can motivate users towards a healthier lifestyle and potentially aid in medical and fitness-related research and personal injury claims.

How can health and fitness trackers be used when making a compensation claim?

When making an injury claim, compensation is intended to cover your losses and expenses, and to return your personal situation to what it was before your accident.

As such, activity trackers can contain valuable information to help compile evidence of your fitness levels and activity before the accident. This evidence can be used to demonstrate the impact the accident has had on a number of aspects of your life, including your lifestyle, fitness levels, quality of life, employment and loss of earnings

How do I use activity tracker evidence?

Activity trackers are a relatively new innovation but data from these devices may be accepted as evidence in the certain injury claims. An injury case being reviewed by the Canadian courts involves an activity tracker and is being closely watched to ascertain the outcome.

The party seeking to rely on activity tracker evidence must ensure that it is in accordance with the Civil Procedure Rules. The added expense of reviewing the additional evidence must be proportionate to the claim being presented.

For example, examining activity tracker data may not be considered proportionate to a compensation claim from a moderately active person who runs as a hobby. Cases where activity and fitness levels are linked to employment - such as personal trainers - are more likely to be accepted, as the injury may have had a significant effect on the injured party's income and livelihood.

How is activity tracker evidence reviewed?

Currently, medical professionals assess an injured individual to determine the injury's impact and its effects on their life. Activity trackers now offer precise data to help medical professionals make this evaluation. Experts can analyse this data, comparing pre and post-injury activity levels to illustrate changes in the individual’s physical capabilities.

Conclusion

Fitness tracker data can potentially be submitted as evidence in an injury claim. This data can offer objective insights into your pre- and post-injury activity levels, which may be used to support the extent of your injury's impact on your life. The acceptance of this data as evidence would be subject to the court's assessment of its relevance, reliability, and compliance with rules of evidence.

Whether you should use your fitness tracker data as evidence will depend on the specifics of your case. This data can provide a detailed account of your physical activity and health before and after your injury, potentially strengthening your claim by showing the injury’s impact on your life. However, it's essential to consider the data's accuracy, relevance, and the possibility of it being interpreted unfavourably.

The decision to use activity tracker data in an injury claim should be made with caution, and in consultation with your solicitor, as the data could potentially negatively impact your claim.

See also:

Making a cycling accident claim

Can I claim if I was injured cycling without a helmet?

Should I take out cycle insurance?

Can I claim if I was injured when cycling on the pavement?

Can I claim if injured cycling at night without lights?

Can I claim compensation if injured when cycling drunk?

Is bike helmet camera footage admissible in injury claims?

Can I claim if injured on my bike by an opening car door?

Can I make a cycling injury claim if I ran a red light?

Work accidents Road accidents Public places Medical negligence Other accidents

Citations

Key rules of evidence (hse.gov.uk)

Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.