Objective Quantification of “Loss of Lifestyle”
Defense counsel invariably argues that subjective complaints of pain and decreased mobility are exaggerated. To counter this, we introduce objective, longitudinal biometric data to substantiate claims of physical decline.
Establishing the Baseline
We extract historical data from the client’s cloud accounts to construct a “Before & After” activity profile, establishing a pre-accident baseline of activity. This moves the argument from “The plaintiff says they cannot run” to “The plaintiff’s device recorded a 94% decrease in ambulation immediately following the date of loss.”
The Data Visualization Strategy
We prepare exhibits suitable for admissibility hearings that clearly demonstrate:
- Pre-Incident Activity: e.g., Average 8,500 steps/day; Resting heart rate 65 bpm.
- Post-Incident Activity: e.g., Average 900 steps/day; Resting heart rate 78 bpm (correlating with pain response/stress).
This approach transforms “Loss of Enjoyment of Life” from a vague non-economic claim into a quantified damage element, strengthening the position during settlement negotiations.