Cellphone Data Analysis in Personal Injury Litigation

Ninety-seven percent of Americans now own a cellphone, and 85% of those own a smartphone, a mobile device that does a lot more than just make and receive calls. In fact, a smartphone can track every aspect of a person’s life, including sleep; eating and health trends; location and movement; and social and financial alerts.

The average person has 40 apps installed on their cell phone, with about half being used regularly.

The wealth of data stored in a cellphone can provide relevant information to defend a personal injury case.

The discoverability of cellphone data has changed from merely seeking phone/text records from the cellphone provider to asking for a forensic analysis of the cellphone to extract and preserve relevant stored data.

With the increase in cellphone usage, app downloads, and advances in technology, courts have had to grapple with the disclosure of such data and balance its discoverability with the potential violation of privacy, amongst other issues.