Smartphone Data and Your Personal Injury Claim
As smart devices continue to become more and more prolific in their use, the impact that the data contained within these devices is having on not only our lives, but in the success or failure of Philadelphia personal injury claims is growing correspondingly.
On the one hand, witnesses to an accident having a video record of the accident can be of enormous assistance to the success of a personal injury claim. Video recordings can definitively show how and why an accident happened, and greatly help your Northeast Philadelphia personal injury attorney succeed in proving negligence, thereby helping you recover the financial compensation you need an deserve.
On the other hand, depending upon the circumstances and the potential relevance to your claim, insurance companies are able to compel you to share data contained within your own smartphone like GPS tracking and message history in order to “debunk” your own claim.
When it comes to smartphone and smart device data, and how and when it can be used by your personal injury attorney or the insurance company, here is what you need to know.
Northeast Philadelphia Personal Injury Attorneys Discuss When Insurance Companies Can Access Data Contained in Your Smartphone or Other Smart Device
When it comes to when and what type of information contained within your smart device an insurance company can compel you to disclose, it all comes down to the relevance they believe, and can demonstrate to the courts, whatever information they are requesting can have towards your personal injury claim.
For example, if there is a dispute over your whereabouts at the time of an accident, the insurance company may be able to compel you to disclose the GPS data contained within your phone or other smart device as part of the evidentiary record. Or, if you mention that you discussed the details of your accident with a friend, your message history with this particular friend may become relevant to your case, and as such accessible by the insurance company.
This makes it even more important that you are completely truthful about your accident, your injuries, and the resulting affects they have had on your life with your attorney, and with the insurance company from whom you are seeking compensation. If, through any data contained within your smartphone such as GPS data, messaging, etc, shows that you have not been completely truthful about any of these things, it can greatly jeopardize the total compensation you are able to recover, or even cause your personal injury claim to be denied completely!
Bucks County, PA Personal Injury Claims and Smartphone Data
So beyond the potential dangers that smartphone data can pose to your Bucks County personal injury claim, there are also many situations in which they can be of great benefit! As previously mentioned, video evidence of your accident can definitively help you and your Bucks County personal injury lawyer to demonstrate not only the negligence of the other party, but the extent of the injuries you suffered.
However, chances are this video evidence will not be on your own smartphone, it will be on the smartphone of a witness to your accident. This makes it that much more important for you to, if possible, speak with witnesses to your accident, ask them what they saw from their point of view, and most importantly, get their contact information so that their testimony can be heard as your personal injury claim progresses. Of course, this is not always possible, as serious injury can often leave you unable to do these sorts of things immediately following your accident.
When this is the case however, it is still certainly possible that your Bucks County personal injury attorney can speak with the emergency responders to your accident as they will often do much the same thing, and obtain contact information and smartphone video evidence in this manner. Or, they may be able to obtain video evidence from things like traffic cameras or security cameras, given you act quickly in obtaining their services, and your lawyer is able to then request this information before it is overwritten or removed from a database.
Contact Our Philadelphia Personal Injury Law Firm Today
The bottom line is that smartphones and smart devices are often a double-edged sword. While they can very often help you win your personal injury claim, they can also be used against you if you are not completely truthful about your accident, the role you played, your injuries, and how they have affected your life.
When it comes to ultimately succeeding in making a recovery in any kind of personal injury claim, especially now that so much information is available in phones, tablets, smart watches etc, possibly the most important thing you can do is to retain the counsel of an experienced Philadelphia personal injury law firm. Your attorneys can advise and guide you throughout the entire claims process, and help you gather and present the evidence which demonstrates negligence, fault, and the extent of your injuries, the three most critical things for the success of any personal injury claim.
At The Law Office of Kamensky, Cohen & Riechelson, our attorneys have extensive experience helping clients to recover the compensation they need and deserve for injuries resulting from accidents such as car accidents, truck accidents, motorcycle accidents, construction accidents, accidents on dangerous or poorly maintained premises, and much more.
If you or a loved one has suffered injuries as the result of the reckless or negligent actions of another party anywhere in the Philadelphia or Bucks County, PA area, our firm is ready to provide you with the effective, knowledgeable, and compassionate legal service that you and your family need and deserve. To discuss your unique situation, needs, and concerns with our personal injury team today in a free and confidential consultation, please contact us online, through our Philadelphia, PA office at (215) 337-4915, or our Bensalem, PA office at (215) 337-4915.