Vikram Subramanian and Jay Evans published "The Potential Impact of Smartphones, Wearable Tech in Personal Injury Cases" in The Legal Intelligencer's 2018 Personal Injury Supplement.
"Activity and personal health tracking data, used as part of a dispositive motion or a trial, could potentially be catastrophic to a plaintiff's case. Someone alleging serious injury, like damage to a back or a knee or other limitations on activity, whose movement statistics reflect multiple miles walked or thousands of steps a day, could face significant questions (or a dismissal). Likewise, a plaintiff claiming serious injury may offer such data as corroboration of their claim."
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