Personal injury deals with the rights of individuals who
have suffered harm due to the actions or negligence of others. At first glance,
these cases may seem straightforward. However, personal injury is a constantly
evolving field that many find challenging to handle.
That said, emerging technology significantly shapes how the
law investigates and resolves personal injury cases. For instance, machine
learning continues to pave the way for more automated and comprehensive
approaches to gathering evidence. As such, lawyers must stay updated on the
latest tech trends to identify new, revolutionary ways to handle litigations.
Read below to know more.
4 Ways Technology Is Changing the Business of Personal Injury
Suppose you or a loved one plans to file a personal injury
case. In that case, it's essential to learn about systems that improve the
accuracy and efficiency of legal procedures.
1. Digital communication and social media
Emerging digital communication technology has become
critical to personal injury cases. Social media, email, and text messages can
provide valuable information. Relevant personnel can investigate all parties'
activities before and after personal injuries to solidify evidence or challenge
the credibility of the opposing side.
Take Zimmerman v. Weis Markets, Inc., for example. Rane
Zimmerman filed a case against Weis Markets after he allegedly suffered from an
injury while operating a forklift at the latter's warehouse. Investigators
found through Zimmerman's social media that he was performing bike stunts
during the incident—which caused the injuries—resulting in his loss.
Digital communication tech has made gathering evidence more
efficient and cost-effective. Courts may order parties to surrender their
log-in information, providing access to private posts and conversations.
However, the disadvantage is that courts and lawyers may take information out
of context, which may lead to unfair judgments.
2. Electronic medical records
Gone are the days when investigators had to wait for parcels
and emails to obtain health information. The same goes for physically traveling
to health institutions. Nowadays, lawyers can easily access relevant data using
electronic medical records and strengthen the evidence in their cases. Proving
or disproving plaintiffs has become easier, making judicial processes more
efficient and less resource intensive.
A great example of this is the Estate of McCall v. United
States 2014 case. Michelle McCall was an Air Force dependent who died at a
military clinic due to blood loss after delivering her son. McCall's medical
records proved medical negligence on the clinic's part as it showed that she
suffered from high blood pressure and preeclampsia, resulting in her estate's
victory.
As mentioned, electronic medical records enable courts and
other parties to access medical information quickly and accurately as evidence.
However, concerns about privacy, security, and potential errors have increased.
These issues become more pronounced since health institutions and medical
practitioners with direct access to these data can theoretically manipulate them.
3. 3D printing and biomechanical engineering
Visualizing injuries and their causes is now simpler and
more accurate using 3D printing and biomechanical engineering technology. Some
cases leverage them to create models of injured bones, joints, and limbs for
analysis and demonstrate the extent of injuries. It can also simulate accidents
to analyze and show how injuries occur in a more visual approach.
This tech is a potential use case for cases involving motor
accidents causing cervical spine injuries and severe herniation. 3D-printed
anatomical models may explain the complex injury to jurors, enabling a more
straightforward litigation process for all parties involved.
The primary advantage of these visualization tactics is
their ability to provide accurate and detailed information about injuries,
especially for lay people with no in-depth knowledge of anatomy. But the cost
and complexity are often an issue, so not all courts can afford such
technology.
4. Artificial intelligence and predictive analysis
The emergence of artificial intelligence (AI) and AI-powered
tech is also changing the legal landscape. It has become instrumental in how
lawyers gain insights into their cases by analyzing historical data to identify
patterns. It's also become a valuable tool for reviewing large volumes of data
efficiently and accurately, which is vital in cases where time is critical.
A revolutionary application of AI in law is the Correctional
Offender Management Profiling for Alternative Sanctions (COMPAS), which uses
predictive analysis to assess risks. It analyzes a defendant's criminal
history, demographics, and questionnaire responses. It then determines the
likelihood of future criminal behavior and influences sentencing, probation,
and parole decisions.
Like other use cases, AI has proven valuable in making
processes more efficient via automation. It helps save time and resources that
traditional analysis methods may take up. Even so, AI-powered systems in the
legal system, including COMPAS, have been controversial due to concerns about
their accuracy and fairness.
The Future of Tech in Personal Injury Law
The evolution of tech has transformed how the legal system
processes information and will continue to do so as newer systems emerge. As
such, staying updated with the latest tech advancements can help enough to make our best. Lawyers can
learn about new methods of gathering and presenting evidence, which may be
instrumental to winning a future case.
Ultimately, the impact of tech on personal injury law is
complex. While these systems serve distinct, undeniable benefits to legal
cases, it's also crucial to be aware of their shortcomings to avoid errors,
inaccuracies, and misjudgments that can alter innocent people's lives. So, personal injury
lawyers must stay informed and flexible to serve their clients better and
achieve successful outcomes.
