Technology has improved our world over the past couple of decades. As technology affects all aspects of life, personal injury law does not go untouched by technology.
While technology is terrific and provides an easier way of doing things, it also poses some dangers. Technology has the ability to cause an injury and also make the lawsuit for personal injury easier.
When Technology Causes Personal Injuries
With technology’s advancements, technology is performing tasks typically performed by humans. The injured party may have difficulty figuring out who to hold responsible when technology causes their injury. When technology causes an injury, there are several people to look to hold liable.
The first place to look is the manufacturer. Due to designing and creating the product, the manufacturer may be responsible for the injuries their product caused.
Also, if a human was in charge of the technology’s operation, they may be liable. An example of this is the operator of a driverless vehicle. If the car was improperly placed into a self-drive mode, the operator may be liable for making the incorrect decision to use the self-drive feature.
Technology’s Role In Lawsuits
Law is often the last to adopt the use of technology. However, considering how long lawsuits take, technology, such as artificial technology, has the potential to make lawsuits more efficient and manageable. Additionally, the use of technology to save evidence and help prove cases in court may make its use more prevalent.
Many lawsuits involve thousands, and possibly millions, of pages of documents and images, along with hours of audio files and videos. Law firms have begun using artificial intelligence to review these documents and information to evaluate their clients’ positions, including the worth of the plaintiff’s claim. This process of reviewing this information has shrunk from hours, if not days, to a matter of seconds.
As more lawyers begin using artificial intelligence, the lawsuit process will become streamlined and provide a more enjoyable experience for all parties involved. Artificial intelligence popularity is growing in the insurance industry as it significantly reduces the time it takes to settle a claim, thus reducing the amount of money an insurance company spends defending a case. As a result, attorneys have more time to focus on their client’s cases instead of getting overwhelmed with document review.
Technology As Evidence
To build a strong case, the parties need evidence to support their positions. Recently, technology has made more evidence available through video cameras, information tracking, and vehicle GPS or black boxes.
These devices may capture what caused the accident, and it is all saved. Once the lawyers access this information, it could allow the parties to clarify liability and move towards a settlement quickly.
Using Technology At Trial
Courtrooms are a historically conservative place where traditions have long been respected. However, technological advances are making their way into the courts to assist attorneys in proving their case.
New computer programs allow a lawyer to determine if the accident caused the plaintiff’s injury or physical capabilities. The computer program compares data collected from the plaintiff and compares it to other people of the same age and gender. As such, the jury or judge can use this information to determine an appropriate award or settlement amount for the plaintiff’s injuries.
What To Expect In Civil Litigation
While technology will help save time and money, lawsuits will likely follow the same process they always have. As a result, it is helpful for the parties to understand what to expect.
Starting A Lawsuit
After suffering their injury, the plaintiff should immediately seek medical treatment for their injuries. After treatment, the plaintiff should reach out to an attorney to determine whether they have a viable lawsuit. Should a potential case exist, the attorney will help the plaintiff file a lawsuit against the person who caused their injuries.
Once the lawsuit is filed, both sides will exchange information regarding the cause of the accident and the plaintiff’s injuries. Initially, discovery will consist of written requests and responses and the exchange of documents, photographs, and audio and video files.
Once written discovery is complete, the parties move to depositions of the parties and any witnesses. The plaintiff should expect to answer the defendant’s attorney’s questions regarding how the accident occurred, their injuries, and all medical treatment for their injuries. Defendants will have to explain their account of the accident, including any preventative measures they took to avoid it.
Trial Or Settlement
After discovery is over, the attorneys will begin negotiating with an eye on settling the case. The plaintiff has final approval or denial over a settlement offer from the defendant. If no settlement is reached, the sides will proceed to trial, mediation, or arbitration to decide whether the plaintiff is entitled to damages.
Technology Is Here To Stay In Law
Technology will only become more prevalent in law as the legal community grows more comfortable with technology and sees its benefits. While some technology can cause a person’s injuries, they can also help that plaintiff prove they deserve to recover damages. As more law firms and courts integrate technology into their legal practice, lawsuits will become more efficient and speedy.