Law Office of Frederick J. Sette
Personal Injury Attorney
Serving The Stockton California Region
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Stockton Injury Lawyers eye Fitness Apps for Data

At Sette Law in Stockton, personal injury attorneys are adept at using technology to create efficiency for our clients. We know that electronic systems offer enormous advantages to our Stockton personal injury clients; our lawyers help people save time and money so that they can expect better outcomes for their personal injury claims. Lawyers can consult with distant experts, medical doctors and clients using Skype, Face Time, messaging and other tools while working on a Stockton personal injury action.
Attorneys are also aware that this helpful technology is now rising up as a developing issue in courts worldwide as wearable technology and powerful applications come under the scrutiny of the courts in personal injury cases. Attorneys explain that wearable fitness apps collect data that might be used as evidence of physical condition after a personal injury. Lawyers in a Canadian case are currently testing the legal waters in just such an instance.

Briefly, here’s a scenario: A woman sues the driver who caused a serious personal injury. Her attorney wants to establish that she was no longer fit for her job after the accident that caused her personal injury. The lawyer representing the defendant counters that the accident is unrelated to her job loss. The plaintiff’s personal injury attorney wants to submit the data from the fitness tracker worn by this active woman before the accident as evidence in the personal injury trial. Lawyers believe they can show a dramatic difference in the woman’s physical condition before and after the accident. Attorneys are interested to know if data like this can be subpoenaed and used in court. There is also a question of privacy – Stockton injury attorneys on either side of a case may argue that such data is private – owned by the person who purchased and used the wearable device. 

How Private is Fitness App Data in Stockton?
Injury attorneys say that fitness trackers may include digital feedback on heart rate, blood oxygen levels, sleep quality and are even able to determine what activity is being done. This may create an entree into proprietary information. Stockton personal injury lawyers know that certain data contained in medical records may be off-limits due to laws governing privacy. Our injury attorneys wonder if the boundaries of privacy might shift slightly should fitness data become fair game in personal injury cases. Lawyers ask if  access to such information might open the door to other medical information that’s previously been unavailable to personal injury lawyers and the courts?

Clearly, these questions can extend beyond fitness trackers to other applications that record medical data. Stockton personal injury lawyers say that courts will move cautiously in developing opinions about how smart technology might be used in court rooms – how it may either impeded or clarify claims of personal injury. Attorneys point out there are already instances of requests for data in injury cases that have set precedents for court rooms in the U.S. and Stockton. Injury lawyers have successfully subpoenaed Face Book, for example. And email communications can be requisitioned in legal actions. But, personal injury lawyers acknowledge that with wearable technology that records medical information, individuals may have a reasonable expectation of privacy. Stockton injury attorneys will need to monitor developments and integrate changes to best serve clients in cases of personal injury.

Lawyers who specialize in personal injury law know that their arena of expertise is already complicated. Although the premise seems simple – we represent people who have been harmed through the negligence of others – the laws governing personal injury require attorneys to reach a high bar of proof with numerous, detailed stipulations around the definition of “negligence.” Stockton personal injury lawyers must be experts in Tort Law – a discipline that’s fundamental to all personal injury actions. Attorneys seek to establish recognition of damage done to a person’s physical well-being, reputation or individual rights. In Stockton, our injury lawyers generally help individuals injured in a variety of accidents including defective products that lead to grave personal injury. Attorneys point out such accidents can happen anywhere – at work, on roadways, at home or on public and private property.

Injury Lawyers Tap Tech in Courtrooms
Now, technology in the court room is not only creating new issues for personal injury attorneys, it’s becoming a tool! Google Glass, for example, could be used by Stockton personal injury lawyers to capture depositions and record witness comments. We might even imagine the wearable tech used during trial to do instant research while litigating a personal injury case. Imagine a defendant claims to have been golfing and not traveling on the day he is accused of causing a Stockton personal injury. The lawyer for the plaintiff could jump online and check weather conditions on the day of the personal injury. His attorney might discover that the valley was wrapped in fog on the day in question and no one was golfing at any course in Stockton. Injury lawyers may, with their own wearable tech, tap into instant research to benefit personal injury clients.

Attorneys often use experts in their client’s case. When experts are engaged on behalf of a personal injury client, attorneys expect that substantial traveling costs may be passed along to their client. But technology can eliminate costly travel by opening digital communication channels for Stockton personal injury attorneys. Just one example might be the use of experts in jury selection. A Stockton personal injury attorney using Google Glass may include a jury selection expert in, say, Seattle, in the process and bypass the travel expense. 

Our personal injury lawyers know that the use of wearable technology in the court room is a new and largely untested development. Stockton injury attorneys don’t expect a rapid integration of digital devices into the trial system. But we are aware that some personal injury lawyers are cautiously pushing boundaries. By its very nature, the legal and judicial system evolves slowly. Our Stockton personal injury attorneys are anxious to offer enhanced services but at the same time, know that justice is the prime concern for everyone. Personal injury lawyers might be able to speed up a process using technology but at what cost? There are many questions that must be answered in this emerging arena of personal injury law for attorneys as well as for the public we serve.