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Protecting Your Personal Injury Claim in the Digital Age

In the past, personal injury claims were built primarily on witness testimony, medical records, and physical evidence. Today, digital footprints, from wearable fitness trackers to social media updates, are becoming powerful sources of evidence in litigation. While this technology can sometimes support a personal injury claim, it can just as easily undermine it. Understanding how digital data is used in personal injury cases is critical to protecting your rights and maximizing your recovery.

The Rise of Wearable Devices in Litigation

Wearable technology, such as smartwatches and fitness trackers, has become increasingly popular for monitoring health, activity levels, and even sleep patterns. In a personal injury claim, this data can be a double-edged sword.

How Wearable Data Can Help

If you're claiming that an accident has significantly reduced your mobility or quality of life, data from your wearable device may help corroborate those assertions. For example, a sudden drop in your average daily steps or change in heart rate activity post-injury could serve as evidence of physical limitations caused by the incident.

How Wearable Data Can Hurt

On the flip side, insurance companies and opposing counsel may request access to this data to scrutinize your level of physical activity. If the records suggest you're more active than your claim implies, or show that you engaged in physically demanding activities post-injury, it can be used to dispute the severity of your injuries and the validity of your claim. Even normal fluctuations in activity can be misinterpreted without proper context or additional corroborating details. According to a federal court ruling in the case of Bartis v. Biomet, the defendant’s motion to compel the plaintiff’s Fitbit data was granted, recognizing its relevance in testing claims of impaired mobility following the plaintiff's hip surgery.

The Impact of Social Media and Injury Claims

Social media platforms are another rich source of evidence. Photos, check-ins, comments, and status updates are often publicly accessible and can contradict claims of injury or emotional distress.

Common Social Media Pitfalls

  • Photos and Videos: A single picture of you at a party, on vacation, or engaged in physical activity can be used to argue that you're not as injured as you claim.
  • Location Check-ins: If you claim to be bedridden but check in at restaurants, gyms, or entertainment venues, or any public spaces, your credibility may be questioned.
  • Comments and Posts: Posts that suggest you're “feeling great” or that downplay your condition can be taken out of context and used to minimize your suffering.

     

Best Practices for Protecting Your Injury Claim

1. Limit Social Media Use

During the duration of your personal injury claim, consider pausing or significantly limiting your public activity on social media. Avoid posting photos, updates, or engaging in conversations that may be misinterpreted.

2. Adjust Privacy Settings, But Don't Rely on Them

Even if your profile(s) are set to private, courts can compel access to relevant digital content. Never assume that “friends only” means your content is safe from scrutiny.

3. Be Honest with Your Attorney

Share information about your digital activity with your attorney early in the process. Full disclosure allows your legal team to proactively address any potential issues and provide proper context for seemingly contradictory data.

4. Review and Preserve Data Carefully

If your wearable devices contain data that support your claim, discuss with your attorney how to preserve and present it effectively. Likewise, make sure you're not deleting potentially relevant data, as this could be seen as spoliation (a.k.a., the intentional destruction of evidence).

5. Understand Your Rights

Your digital data may be subject to discovery – the legal process of gathering evidence – but your attorney can object to overly broad or invasive requests. Having experienced legal counsel is essential when digital privacy intersects with litigation.

Personal Injury Lawyer Can Help With Your Claim

The digital age offers new opportunities and new challenges for personal injury plaintiffs. Data from wearable devices and social media can provide compelling evidence, but only when managed carefully and strategically. By understanding how these digital footprints can affect your claim, you can work with your attorney to present the strongest possible case and avoid missteps that could jeopardize your recovery. Primerus has been exploring this topic in depth across our organization, ensuring that our member firms have access to the latest information and training in order to best serve their clients around the world. 

If you've been injured and are pursuing a personal injury claim, contact Primerus to consult with an attorney who understands how to navigate the complexities of digital evidence. Your future may depend on it.

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