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Understanding the Role of Emerging Technologies in Personal Injury Law

August 21, 2024 | Personal Injury

smart watchArtificial intelligence, augmented reality, wearable devices, and other emerging technologies are revolutionizing the field of personal injury litigation. These innovations are enhancing the methods for collecting evidence and determining liability, fundamentally changing how cases are managed from investigation to resolution.

However, with these advancements come complex ethical and legal challenges that require careful navigation by legal professionals. The lawyers of Goza & Honnold can help you understand how technology is used to strengthen your personal injury claim and guide you through the legal process.

How to Strengthen Your Personal Injury Case With Emerging Technology

New technologies offer innovative ways to gather evidence and determine fault, improving the entire legal process in the following ways:

Digital Evidence Collection

The proliferation of smartphones and wearable technology has expanded the role of digital evidence in personal injury cases. This includes video recordings, photos, GPS data, and social media activity, which can capture crucial details about the events before and after an accident. These devices allow for a more detailed, data-driven analysis of personal injury claims. However, the authenticity and admissibility of such evidence can be disputed, necessitating meticulous examination by legal professionals to confirm its legitimacy in a legal setting.

Wearable Devices and Personal Injury Claims

Fitness trackers, smartwatches, and other wearable devices are becoming increasingly prominent in litigation. They offer objective data on a person’s physical activity, which can either support or refute a plaintiff’s claims about their injuries. For example, this data can demonstrate a person’s physical limitations post-injury or reveal any pre-existing health conditions.

Telematics in Vehicle Incidents

In motor vehicle accidents, telematics technology is proving essential. Vehicles equipped with these devices can record crucial data like speed and location during an accident, providing valuable insights into the incident and helping to establish liability.

Advanced Accident Reconstruction

The role of accident reconstruction is crucial in personal injury cases, with modern 3D imaging and computer modeling offering more precise and detailed reconstructions. These technologies can help present a clearer scenario to juries and insurers, potentially leading to quicker and more favorable outcomes. Additionally, drones are often employed to collect high-definition images and videos for comprehensive accident reconstructions.

Electronic Health Records (EHRs)

The shift to electronic health records (EHRs) is significantly affecting the speed and efficiency of information sharing in legal contexts. EHRs facilitate the acquisition of medical evidence and offer features like timestamps and electronic signatures that enhance the integrity of the medical evidence presented.

However, it’s important to consider that while EHRs can bolster a claim, they can also be used to challenge it, such as when an insurer seeks evidence of a pre-existing condition to dispute the cause of an injury reported after an accident.

Future Implications of Technology in Personal Injury Law

These technological developments offer significant benefits for those pursuing personal injury claims, but they also introduce a range of challenges, including the following: 

Legal Discovery Challenges

While technology opens up new avenues for evidence, it also complicates the legal discovery process. Lawyers must navigate large volumes of digital data, requiring advanced technical skills and knowledge. Attorneys must understand which types of digital evidence are accessible and permissible in court and how to request this information.

Data Privacy and Security Concerns

The increase in digital evidence also heightens concerns about data privacy. U.S. laws on privacy and data management impose stringent criteria on what data can be used as evidence. Law firms are also tasked with implementing advanced cybersecurity measures to safeguard sensitive client information from potential breaches.

Ethical Considerations

As technology becomes more ingrained in personal injury law, it raises numerous ethical issues. Attorneys must ensure their use of technology adheres to confidentiality and privacy standards for all parties involved and aligns with ethical norms to uphold the integrity of the legal process.

Speak With the Personal Injury Lawyers of Goza & Honnold

At Goza & Honnold, we understand the importance of leveraging emerging technologies to strengthen personal injury cases. Our dedicated team stays ahead of the curve, employing advanced tools such as artificial intelligence, wearable devices, and augmented reality to gather and analyze evidence more comprehensively than ever before. With our extensive experience, we meticulously examine the authenticity and admissibility of digital evidence, ensuring it withstands legal scrutiny.

Our firm excels in utilizing technology to present clear, compelling cases. From telematics in vehicle incidents to advanced 3D accident reconstruction and the integration of electronic health records, we harness these innovations to provide a detailed narrative of your situation. Our commitment to ongoing professional development ensures that we adeptly handle the complexities of modern legal discovery, data privacy, and ethical considerations. Contact us at (913) 451-3433 or through our contact form.