Daniel Hruska A permanent injury is not pleasant, there is no need to debate that. However, it is even worse when someone is injured, for example, in a traffic accident and has to prove to the court that he has actually suffered a physical injury that no one will ever get back. The only possible compensation is financial.
Until now, lawyers had to rely on the opinions of doctors, who often examined the victim in just half an hour. Sometimes, in addition, they could have a biased attitude towards the patient, which could lead to a distortion of the assessment. Calgary-based law firm McLeod Law is using a Fitbit bracelet to prove for the first time that its client suffered permanent injuries in a traffic accident.
As so-called wearable devices spread among the general public, such cases will increase. The Apple Watch is scheduled to launch in the spring, which will lead to a major expansion of this new electronics market. Compared to a short medical examination, they have the advantage that they can monitor the basic parameters of the human body 24 hours a day for any length of time.
The Calgary case involves a young woman who was in a car accident four years ago. Fitbit didn't even exist back then, but since she was a personal trainer, we can assume she led an active life. From the middle of November this year, the recording of her physical activity began in order to find out if she is worse off than a healthy average individual of her age.
The lawyers will not use the data directly from the Fitbit, but will first run it through the Vivametrica database, where their data can be entered and compared to the rest of the population. From this case, McLeod Law hopes to prove that the client is no longer able to perform the kind of performance that she could currently, given her age, after the accident.
Conversely, data from wearable devices could be required from the position of insurance companies and prosecutors to prevent a situation where someone could be compensated without permanent health consequences. Of course, no one can force anyone to wear any devices. The executive director of Vivametrica also confirmed that he does not intend to provide the data of individuals to anyone. In such a case, the plaintiff can still turn to the manufacturer of the device, be it Apple, Fitbit or another company.
It will be interesting to see how wearables (including the Apple Watch) prove themselves in such situations. Thanks to the many sensors that will surely be added in the future, these devices will become a kind of black boxes of our bodies. McLeod Law is already preparing to work with other clients with different cases that will require a slightly different approach.
