Can Data From My Apple Watch Be Used As Evidence In A Personal Injury Case?
Location: NJ I was in a very bad car accident in the fall of 2023. I had many injuries, broken bones, and have had 9 surgeries. I am having a cervical fusion soon and will most likely be in pain management for the rest of my life. Thankfully this wasn't a "I almost died" kind of accident, but it was an accident that drastically altered how I am able to live my life.
We are currently in discovery. The defense has asked for the data from my apple watch. I was asked if I wear a fitness tracker during the deposition and I stated I purchased one following back surgery in October of 2024 to track my steps since walking is recommended after lumbar surgery. I also stated I track my heart rate in the deposition. The notice to produce states all data from my apple watch but to get that data I have to export a file from my health app which includes additional data that I manually entered, so I feel they are not entitled to that information.
Many people have also pointed out that wrist fitness trackers can be terribly inaccurate and count steps when you are just waiving your arms. So my question is can this evidence even be used or trusted?
Thank you for your help!
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