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One of the toughest parts of an auto accident trial is showing how the accident has impaired the victim’s everyday living. Now advances in wearable technology like the Fitbit could help prove your case and get you the recovery you deserve.
After a serious car crash, Michigan drivers face two separate legal proceedings. One against their own No-Fault auto insurance provider for medical expenses and lost wages, and the other third party auto negligence claim against the at-fault driver if there has been a death, disability, or a “serious impairment of a body function.” The third party cases allow for recovery of pain and suffering, disability, and disfigurement.
It can be difficult to prove how much your accident has changed your day to day lifestyle. Good auto accident lawyers work with their clients to find ways to tell the story of their lives before and after the accident.
Now wearable technology like the Fitbit could put a new tool into your lawyers’ toolbox. In the best case, a person would already have a habit of wearing a Fitbit before the accident, possibly because he or she is a runner or trying to lose weight. By comparing the person’s footsteps, temperature, and heart rate before and after the accident, the attorney can show how much less active the person is now than he or she used to be.
But even when the accident victim hadn’t worn a Fitbit before, by providing data to companies that compare it to the general population lawyers can provide objective, verifiable proof of disability. Simon Muller of McLeod Law in Calgary, Ontario, Canada, is one of the first to take this new data to trial. His client, a former personal trainer, has been tracking her recovery with a Fitbit so her lawyers could compare it with averages based on her age and profession. He says:
“Till now we’ve always had to rely on clinical interpretation. Now we’re looking at longer periods of time though the course of a day, and we have hard data.” It will “back up what she’s been saying.”
This technique will probably get more common with the increased popularity of wearables like the Fitbit to track personal fitness. It will help juries better understand the victim’s disability and better quantify the need for compensation.
The best auto accident lawyers are always on the lookout for new ways to win their clients’ cases. David Christensen and his team at Christensen Law in Southfield, Michigan, have used videos, photos, and more to show just how debilitating a serious car crash can be. If you know someone who has been the victim of a life-changing auto accident, contact Christensen Law today for a free consultation.