I am both a personal injury lawyer and Chair of my law firm’s digital leadership committee; I have seen first-hand how technology is transforming every aspect of our lives. In this blog post, I wear both hats to discuss the role of technology in personal injury law — from sophisticated accident reconstruction tools to digital surveillance footage, the role it plays continues to expand.
Many years ago, I was an early adopter of digital file technology. When I began, I had to lug around large briefcases and bankers’ boxes of file material. That all ended when my entire file was scanned and digitized. Only owing to those proactive steps was I able to continue with a remote work environment, pivoting seamlessly, when the COVID-19 pandemic first ground everything to a halt.
Here is how I am currently using technology to advance the modern-day injury lawsuit, and what you, as a potential claimant, need to know to protect your rights:
DIGITAL EVIDENCE
In an automobile case it is increasingly possible to secure and rely upon dash cam footage which acts as a compelling silent witness to the incident. This is augmented by black box data available with most newer model automobiles. Speed, braking action, and air bag deployment can now all be digitally verified.
HOME AND COMMERCIAL SECURITY CAMERAS
Many homes now have home security cameras that can record an auto accident on the street in front, or a slip and fall on a sidewalk. The home security coverage has caught up with commercial cameras which can record an incident in a store or in the parking lot of the business. Objective evidence in the form of a recording leaves little room for argument.
BIOMETRIC DATA
During my career I’ve seen the explosion of personal wearable fitness devices. The data collected can be used in many ways. If an injured client had been active prior to an injury, say training for a marathon or biking many kilometres a day, the data is super helpful in establishing a baseline level of pre-injury activity. Post injury, the biometric data can confirm such things as inactivity, disrupted sleep, or an elevated resting heart rate. The creative use of this digital data can really aid the presentation of a case.
SOCIAL MEDIA
In personal injury cases, social media accounts are mostly used as a weapon against my clients, so I am always careful to counsel them about the content they should upload. Defence lawyers can successfully request the preservation of a social media account, where a claimant’s own photos and videos may well contradict, or at least appear to contradict, the complaints they assert in the lawsuit. Some of the most effective “surveillance” I’ve seen has been done by a claimant himself, posted on the ‘net, to then be used in a hearing against that claimant.
ARTIFICIAL INTELLIGENCE
Most recently, AI tools, including generative AI, have changed the way all of us do business, and that is certainly the case in my personal injury world. Many of my interactions with clients now occur by videoconferencing. I use Microsoft Copilot, an AI assistant, to prepare a summary memory of a consultation, which can then be sent out to my client within minutes of the call ending. It is faster, it is frequently more detailed than any memo that I might otherwise dictate, and my assistant is freed up to do something more productive than simply transcribing my dictation.
While ChatGPT and related generative AI tools have their limitations, when used correctly, it has been helpful in my practice for such things as better understanding a complicated issue, preparing potential questions to ask at an examination for discovery, researching a medical issue, or coming up with an argument that I hadn’t considered on my own.
There is no going back — technology in the law is here to stay.
If you have an injury that might give rise to a claim, always reach out for advice and guidance. I am here to help.
