Trying to establish whether a victim deserves compensation for their injuries isn’t easy. Currently, medical experts are consulted to establish whether individuals have sustained injuries that have left them unable to work. However, it seems that soon, gadgets like Fitbit could inherit this difficult task.
A Canadian law firm in Alberta has become the first legal firm to use this kind of technology in a courtroom, having used the device to show the effects of an accident on a victim.
The idea, is that for a certain amount of time following the accident, the victim will wear the device to monitor their daily activity. This will help lawyers collect quantifiable data that can be analysed. By analysing a victim’s usual weekly routine, they may be able to establish whether the injuries sustained were out of the ordinary.
Using services from analytics firm, Vivametrica, the data collected is then compared to the activities of others nationally, using age, gender and BMI. The company said:
‘This offering provides quantifiable data backed by clinical research to support legal cases involving personal injury claims’
The company claims that this method provides objective information that’s tailored to the individual in question; they also say that it’s non-invasive.
Dr Richard Hu, founder of Vivametrica said:
“The Functional Activity Assessment is objective and represents a real-world assessment of function.
“Appropriate use of individualised activity data collected by wearables provides the legal profession with methods for the early assessment of the strength of their clients’ cases.”
The Calgary firm, McLeod Law – the first firm to use this technology – is using it to prove that a fitness instructor, who was injured in an accident, now leads a less active life than someone else of the same age and in the same profession.
The victim’s lawyer, Simon Muller, had this to say on how he expects the device to help the case:
“We’re expecting the results to show that her activity level is less, and compromised, as a result of her injury
Prior to this, legal teams representing personal injury cases had to rely on subjective, personally reported data from clients.
The Functional Activity Assessment closes the gap between what a client perceives and what is objectively verifiable.
Now that we have access to this invaluable health data, we anticipate that it will become an expected part of our practice.”