United States:
The Potential Impact Of Smartphones, Wearable Tech In Personal Injury Cases
23 November 2018
Schnader Harrison Segal & Lewis LLP
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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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