Do you have any experience with smart wearables? Have you purchased an Apple Watch, Samsung Gear Sport, Huawei Watch 2, Garmin Forerunner, or any other smartwatch? There is no shortage of smart wear out there. It should come as no surprise that they are more popular than ever. Using a smart device could assist you in proving your personal injury claim, even if you are not aware of it.
You may be unknowingly gathering evidence for your personal injury claim whenever you use a smart device before or after an accident. Whether you wear the smart gadget before or after an accident, you and your Los Angeles Personal Injury Lawyer can use it to prove the facts.
What Are the Benefits of Wearable, Smart Devices in Personal Injury Claims?
Wearable and smart devices can aid you in your personal injury claim because they can automatically save crucial information. Smart devices can keep track of things like your location, sleep, and activity. Depending on your claim, this information could prove useful.
Do Wearable, Smart Devices Collect Information That May Help in Personal Injury Accident Claims?
If you’re involved in a personal injury incident, a wearable, smart device can assist you in a variety of ways. The most crucial information varies depending on the facts of the case and the challenges at hand.
A wearable, smart device, for example, can prove that you were at the accident site at the time and location that you claim. Depending on your device’s capabilities, it may also display the speed at which your vehicle was moving at the moment of the collision.
Smart devices have the ability to track a great deal of personal data. Some technologies, for example, can detect whether you are asleep or awake. Some smart devices track your heart rate and physical exercise. All of this personal health data can be useful in demonstrating how your life has changed as a result of the accident.
You can use your wearable device to prove that your sleeping habits have changed due to mental injuries and anxiety from the accident. When you haven’t been able to be physically active since the accident, your smart, wearable device will show you how inactive you are.
Wearable, Smart Devices: How Can They Help in a Personal Injury Case?
Humans are incapable of providing evidence, but a smart, wearable device can. It can narrate using data. Your smart gadget can give useful evidence in a variety of ways. It could demonstrate responsibility in the lawsuit or the severity of your damages. When the opposing party tries to cast doubt on your case theory, your smart gadget can rebut their assertions and demonstrate that what you’re saying is right.
Issues Related to the Admissibility of Electronic Information
If you already have evidence from your smart, wearable device that could be useful in the case, the next step is to figure out how to get it into the courtroom. The courts have procedural and evidentiary rules. These rules establish the parameters for what proof the court can accept at trial and what you must do in order for the evidence to be admitted.
Since electronically secured material is still a novel idea in personal injury litigation, there are various views on how to accept it at trial. Judges may even differ on what you must do to allow evidence from your smart device to be admitted.
According to one viewpoint, the information saved electronically is intrinsically trustworthy. You might be allowed to admit electronic data based only on your statement that you’re providing data from your own device.
A court, on the other hand, may ask you to summon an expert witness who can describe how the technology works to the jury and confirm that the information you’re giving is information that the device recorded. Other courts may want a certificate from a records custodian certifying that the records are accurate recordings from the device.
Prior to the trial, it’s critical to work out how to accept the evidence. To ask the court how you can introduce the evidence at trial, you may need to submit a preliminary request for clarification. Your lawyer can assist you in evaluating the electronic evidence in your case and presenting it at trial.
Wearable Smart Devices Pose Questions and Challenges
Despite the fact that electronically recorded information might be quite useful in a personal injury case, there are still some issues with evidence from smart devices. You should show that you were the one wearing the device at the time it was recorded. You must be prepared to prove the accuracy of the information you intend to give because there are various ways to modify the data that a smart device records.
In addition, there may be significant discrepancies between different types of devices. Testimony from smart, wearable gadgets can be hampered by GPS accuracy, obstructed signals, and sensor failures. Your lawyer can assist you in evaluating your case and taking steps to properly present electronically saved information in court.
Get in Touch With an Experienced Personal Injury Lawyer Today
The validity of electronically recorded data is a new area of the law. While data from wearable and smart gadgets is not new, courts are still figuring out how to apply it in personal injury cases. Data from smart, wearable gadgets can help you with your injury claim, but you must understand how to use it properly.
Have you been in a car accident that resulted in a personal injury? Do you want to see if electronically recorded data from a smart, wearable device can assist you with your claim? For a free consultation regarding your case, contact Siman Law Firm now.