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Is a Computer Analyzing Your Injury Case?


Let’s say that you are injured in an accident. You, through your injury attorney, present your case to the other side (or the other side’s insurance company). You expect that there is a team of humans at that insurance company or Defendant, that is evaluating your claim.

You expect that they are looking at the accident. Reviewing the evidence. Looking over your medical records. And using whatever formula or techniques they use, they come up with a proposed settlement offer in your case.

Except that may not be how it works. Nowadays, it may actually be a computer, using artificial intelligence (AI), that is evaluating your case.

What is AI Doing?

It’s not that the AI is using any magical formula, or any factors that a human can’t. It’s that AI can evaluate every aspect of your case, much quicker than a human being can. And the AI can even take into account “intangibles” in your case, that could affect your ability to recover damages.

What AI Considers

For example, the AI can take into account who your judge is, and what his or her tendencies may be. Judges, in the course of a lawsuit, have to make a lot of decisions on what evidence can or cannot be presented, whether experts can be used, or whether certain information needs to be turned over to the other side in discovery.

The AI can analyze a judge’s prior decisions, to estimate how he or she would rule on these things, in your lawsuit.

The AI can evaluate your own personal injury attorney, to determine whether he or she goes to trial, and what his or her trial outcomes may have been.

The AI can look at you, and factors in your background, to see how sympathetic or appealing they may be to a jury in a trial. The AI can look at value and whether you are in an area where juries may be more or less sympathetic to your case and injuries.

And, yes, the AI can even, using data, outcomes, and your medical records, give the insurance company a prediction of how you will recover from your injuries. If the AI believes you will make a quicker, more complete recovery, you can expect a smaller settlement offer from the Defendant.

Humans Have the Last Word

Of course, just because a computer spits out what it thinks your settlement offer should be, or what it thinks a jury will do with your case, doesn’t mean an insurance company has to follow the computer’s advice. Insurance companies are operated by humans, who have the last word on what to do with claims and cases presented to them.

And just like no human being can predict with 100% accuracy what a given jury will do on a given day, neither can the AI, and you should not take the AI’s evaluation of your case, as some future prediction of what will happen in trial.

Contact the Tampa personal injury lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian and schedule a consultation today for help if you have been injured in any kind of accident.


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