Do you own some type of personal fitness monitor? Perhaps you have an app on your phone that serves the same purpose. In any case, these types of devices monitor your activities. They can watch your breathing and heart rate, along with your sleep quality and how much you move during the day. They gather a lot of physical information about you. What you may not know is that there is a potential that information could end up hurting your case if you are going to court for a personal injury claim in Wisconsin.
Forbes notes that there have been instances where personal fitness devices end up as evidence in court and do harm to a personal injury case. Showing that you can move around or that you are active could be the one thing that sways a jury or judge in your case, especially if you are trying to prove that the accident led to a serious injury.
Of course, there are ways to combat this. Perhaps the data was not from you but someone else who was using your device. You should be ready to make that defense and provide proof.
On the other hand, your personal fitness device may also be used to show the extent of your injuries. You can show how the accident resulted in a reduced level of activity or the inability to perform at the same level as you did prior to the incident. This could be a great tipping point for your case that convinces a jury or judge to rule in your favor.
So, personal fitness devices as evidence are a double-edged sword that could help you or harm you. This information is for education and is not legal advice.