Why AI Isn’t a Substitute for a Personal Injury Lawyer

Artificial intelligence, or AI, is everywhere—literally. It’s here, whether we like it or not. And we keep hearing more and more about AI replacing humans in every job, every task… everything. Whether that’s progress or peril is up for debate, and the legal, technological, and ethical questions are nearly limitless. In healthcare, these questions become even more urgent as AI begins to influence diagnoses, treatments, and patient outcomes. 

But we won’t do that here. Instead, we’ll examine one question: Do you need a personal injury lawyer, or can AI handle your lawsuit?

You might have seen news reports that Chat GPT-4 passed the Bar Exam. Although this is true, it’s not the whole story—nor is passing the Bar alone enough to make someone a good lawyer.

Do attorneys use AI in practicing law?

Sometimes, yes. The American Bar Association surveyed more than 400 lawyers to find out how and to what extent they use AI in their legal practice. 

About 11% of the lawyers surveyed were using AI tools in 2023. Another nearly 10% were seriously considering purchasing these tools. The remaining lawyers either weren’t interested or didn’t know.

However, there are reasons why lawyers believe AI is not a replacement for their services.

Why can’t your lawyer be replaced by AI?

AI doesn’t “see” nuance

Nuances are subtle differences or shades of meaning. In plain terms, many lawsuits’ arguments aren’t black and white, are several shades of gray. AI doesn’t “see” or understand concepts that don’t have a clear determination. 

Most lawsuits have several aspects of liability and negligence; they’re often not clear-cut. There are ways in which each party is negligent, and attorneys need to negotiate with insurance companies or other attorneys to evaluate the evidence and establish to what extent each party is at fault. More often than not, it isn’t 100% for the defendant and zero for the plaintiff; it’s somewhere in between. 

The nuance is critical. After all, if you’re the plaintiff in a personal injury lawsuit, your future financial well-being and healthcare costs could be at stake. Truly, an AI tool is nothing more than a sophisticated algorithm; you don’t want an algorithm determining your future.

Lawyers are trained negotiators

It’s all about strategy. Your lawyer doesn’t always know what the other party’s lawyer will say or do next; so they need to be able to think on their feet and be ready with a response. Your lawyer’s role is to look at each of your paths to success… how can they optimize and maximize your settlement or verdict amount, while minimizing your liability? AI can evaluate how settlements and verdicts were established in the past, but they can’t tell the future. Your lawyer can stand before a judge or jury and “read the room,” so to speak. They can respond in the moment to the other lawyer, or change strategy on a dime if necessary. Human insight is crucial for this type of planning, negotiation, and strategy.

Human emotion matters

You might think you can respond to a situation based on just the facts, but we’re human. We can’t shut off our emotions—whether we realize it or not, our feelings and emotions play a role in every decision we make and path we take all the time. It’s human nature, and always will be. 

Those decisions influence the outcome in a courtroom. An experienced attorney can see a subtle shift in the judge’s expression or the expressions on the jurors’ faces. They know how to respond if that happens, or if testimony takes a slightly different turn than expected. An AI can’t read these types of reactions and respond to them; only a human can do that.

AI isn’t in court, people are

Similar to the point about human emotions, a lawyer has to be present. The AI won’t show up for you in court, at depositions, in the judge’s chambers… wherever lawyers need to be. Aside from reading the emotion on people’s faces, the lawyers have a basic understanding of psychology. This informs strategy and tactics in legal proceedings. They know what people are likely to respond to favorably or unfavorably, how to select jurors who are likely to relate to the party they represent, and how to study the judge’s history to determine how they will handle matters that arise in the courtroom. An AI algorithm cannot do any of those things.

Acting in the best interest of the client

Money talks.

That’s not a comment meant to disparage lawyers, but it’s no secret that they get paid for the work they do (as everyone deserves, regardless of their profession). Your lawyer is motivated to reach the best possible outcome because when you get paid, they get paid. Most personal injury lawyers work on a contingency fee basis, which means they’re paid a percentage of the settlement or verdict award you receive. Therefore, they don’t get paid until and unless you receive damages for your case. 

Aside from the fact that your lawyer has to earn a living, they also have an ethical obligation to act in the best interest of the client. If the lawyer’s performance does not meet their established ethical standards, they can be held accountable. 

Further, most lawyers enter the profession because they want to help people like you. Their motivation is seeking justice for their clients and helping people reach the legal satisfaction that allows them to move forward in their lives. 

AI doesn’t get paid. It has no ethical obligation. It certainly has no desire to help anyone. It’s a machine—which means that there’s no contest when it comes to the care and attention given by your case between a human lawyer and an AI.

Your lawyer knows you

Finding the right lawyer is similar to finding the right doctor for your needs. You need someone who will listen to you, see you for who you are as a person, and understand the level of trauma or disturbance that brought you to the lawyer’s office in the first place. Lawyers are almost like counselors; they not only counsel you on the law, but also provide support, empathy and resources.

Part of the lawyer’s role is to look at your whole picture. They look at not only who you are, but also what you need. If you’re suddenly disabled and can’t work, and you’re a single parent with four young children, your financial future is pretty complicated. A 77-year-old veteran who is disabled but has no dependents and a spouse who’s 20 years younger and still works might have a very different outlook.

You go to a lawyer because you’re in a period of crisis. Whether it’s that you’ve been injured, you lost a loved one, or some other life-changing event has happened, you need a lawyer who will communicate. Most importantly, you need a lawyer who will listen. AI will never, ever do any of those things.

Can your lawyer use AI to help your case?

They might. There are lots of ways that personal injury lawyers can and do use AI, depending on their level of comfort with the technology. They could use it for risk assessments, discovery, case predictions, and other information. They might use it for more efficient processes or research, but it is never a replacement for human interaction or judgment.

There are situations when it might be beneficial to engage in pro se representation, or representing yourself in a legal matter. You might choose to use AI to guide you through the legal process if you do this, but in many instances, seeking the guidance of an actual attorney is necessary.

Can you use AI to find a lawyer?

Sure! You can query the type of attorney you’re looking for, your location, and other qualities you seek in a qualified lawyer. AI might give you a great starting point as a list of lawyers in your community who you can call for more information.

You can also use these resources for how to find a personal injury lawyer:

• What should I look for in an attorney?
• How to talk to a lawyer for the first time
• Find an injury lawyer & answers after your accident
• How to choose a personal injury lawyer - questions to ask
• Personal injury lawyer directory - find accident attorney