From drafting emails and answering questions to organizing information, artificial intelligence tools have become part of our daily lives. As these tools become more accessible, some individuals involved in personal injury claims might be tempted to use them to evaluate their cases, generate legal arguments, estimate settlement values, seek legal advice, or even draft materials for their attorneys.
Importantly, while AI can have many benefits, it should never be used as a substitute for proper legal counsel. In addition, sharing details about your accident or injury with an AI platform can create risks that may ultimately impact the outcome of your claim. It’s crucial to understand these risks to avoid any potential pitfalls that could arise from using these tools during your personal injury case.
AI is Not a Substitute for an Experienced PI Attorney
One of the most common misconceptions about AI tools is that they can provide legal guidance comparable to that of an attorney. This is not true. Unlike an experienced attorney, AI cannot apply legal judgment, assess credibility, or tailor advice based on the facts and strategy of your case.
Specifically, AI systems generate responses based on patterns in data, rather than a comprehensive understanding of the law or the specific circumstances surrounding an accident claim. As a result, they often provide inaccurate, misleading, and incomplete information. They may also lack important context regarding procedural rules, insurance issues, or evidentiary requirements relevant to your case. While personal injury matters often involve complex questions concerning liability, causation, damages, and settlement strategy, decisions made based on incorrect information provided by AI can adversely affect the value or outcome of a claim.
The Lesson in United States v. Heppner: Be Careful What Information You Share with AI
Another crucial consideration when using AI tools in a personal injury case is privacy. Depending on the platform being used and the privacy settings selected, information entered into an AI system may be stored, reviewed, or used to improve the technology. It may also be “discoverable” in litigation. Unlike the confidentiality rules that govern your relationship with your attorney, there are no legal protections to keep your communications with an AI confidential. This means that sensitive information you share with an AI platform about your accident, injuries, medical treatment, and legal strategy could potentially be used in a manner that could harm your interests in litigation.
A recent court decision demonstrates why exercising caution is necessary when using AI during litigation. In United States v. Heppner, a federal court considered whether documents created by a defendant on his own volition using a publicly available AI platform were protected by attorney-client privilege or the work-product doctrine. Ultimately, the court concluded that communications with AI were not protected and, therefore, could be used in litigation.
In reaching its conclusion, the court emphasized that the defendant had voluntarily shared information with a third-party AI service, rather than directly communicating with counsel. Because the communications were not made in confidence for the purpose of obtaining legal advice from an attorney, the traditional protections of attorney-client privilege and the work-product doctrine did not apply.
While Heppner is a criminal caserather than a personal injury lawsuit, the decision highlights an important principle: information shared with an AI platform does not receive the same legal protections afforded to confidential communications with an attorney.
Best Practices for Using AI During Your Personal Injury Case
If you regularly use AI tools and are involved in a personal injury action, think carefully before entering information. If information is important enough that it should not be shared with an insurance company or opposing counsel, you should not input, upload, or disclose it to an AI platform. This can include information about:
- The nature, severity, or extent of your injuries
- Ongoing symptoms, pain levels, physical limitations, and recovery progress
- Medical records, treatment plans, and communications with your healthcare providers
- Statements regarding fault, liability, and how the accident occurred
- Communications with your attorney and the legal advice you have received
- Prior injuries, pre-existing conditions, or prior claims that may become relevant in litigation
- Employment information, lost wages, and claims for loss of earning capacity
- Settlement negotiations, settlement demands, or the value of your claim
- Photographs or other evidence related to the accident or your injuries
- Any information that could be used to challenge your credibility or dispute your damages
Even seemingly harmless information can hurt your case if it ends up in the wrong hands. It’s best to discuss your use of AI with your attorney to help avoid unintended consequences.
Contact an Experienced Personal Injury Attorney
If you’ve been injured in an accident, it’s critical to have an experienced attorney by your side who can help you navigate the legal process and obtain your rightful compensation. The Arkansas personal injury attorneys at Caddell Reynolds Law Firm provide relentless representation and trusted counsel to help victims of negligence pursue the maximum recovery they deserve. If you or a loved one were harmed in an accident caused by someone else’s carelessness or recklessness, contact us today to schedule a free consultation to learn how we can help you and your family rebuild your lives.
