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The Role of Technology in Personal Injury Cases: From Evidence to Courtroom

Technology can make or break some personal injury cases. The digital evidence that could help your case depends on the specifics of your case. Below, we detail these types of digital evidence and how they can be used.

Digital Evidence That Could Help Your Personal Injury Case

All types of technology could affect your injury claim. 

3D Imaging

We can use our power of description and a jury’s power of imagination to explain how a particular injury accident occurred. But 3D imaging can recreate an event so the jury can watch what happened instead of just trying to picture it. This digital reconstruction (also called forensic animation) can help break down complex accidents or situations in a way a jury member can understand.

The use of 3D forensic animation in personal injury trials is a slightly newer phenomenon, but it can be exceedingly helpful in proving liability in an injury case.

We can work with 3D imaging companies to create evidence that establishes your injuries and losses. This can be beneficial for medical malpractice and accident cases.

Electronic Health Records

Electronic health records (EHRs) can be especially beneficial in medical malpractice cases. We can review your EHR to determine if you have a claim; in essence, we can review your medical records to identify whether your doctor breached their industry’s standard of care and establish how that breach caused your injuries and losses.

Reviewing EHRs is much easier than reviewing dozens of paper documents to find one error your case may hinge on.

For example, we are trying to prove that a doctor prescribed a medication that was contraindicated with another medication you were taking. Without EHRs, we would need to review all your medical records by eye, looking for that one medication. With EHRs, we can search for that medication in your EHR and see when it was prescribed. 

EHRs Can Also Work Against You

The other party’s insurer may use your medical records against you. For example, if you complain of back pain after a car accident, the insurer may look for a pre-existing condition (such as a slipped disc) that may explain your back pain. 

Our team will review your EHR to identify any pre-existing conditions the insurance company may attempt to use against you.

Surveillance and Mobile Phone Videos

Most of us use this technology in our everyday lives; however, it can be integral to a personal injury case. Video from a surveillance camera or someone’s phone can be used to establish how an accident occurred.

Wearable Technology

Wearable technology like fitness trackers can help establish how your injuries affect your daily life. For example, if you worked out every day before your accident, we can use your fitness tracker to show how your injuries left you unable to workout or even meet your step goal. 

Some fitness trackers also track your sleep. Sleep disturbances are a symptom of many injuries, such as traumatic brain injuries. We can use your fitness data to show how your injuries have affected your ability to sleep.  

Wearable Technology Can Also Jeopardize Your Claim

Wearable technology can also help the insurance company’s case. If you claim your injuries have significantly impacted your quality of life and your ability to move around, but you are walking 10,000 steps or working out each day, the other side can argue that you are uninjured. 

Phone Apps

Many phone apps track your whereabouts and what you were doing at specific times. Depending on the circumstances, we may be able to establish the other party was distracted when they caused the accident.

Chatbots as a Virtual Research Assistant

Chatbots can function as research assistants. When attorneys are doing research, determining what evidence your case may need or what statute will affect your case, chatbots can help make this process more efficient. 

Not All Digital Evidence Helps Your Claim

Many insurance companies use AI technology to handle cases en masse. This can lead to unfair mass rejections. This can make things even more difficult when you try to fight a rejection. You could be calling an adjuster who has never even looked at your file. This can make it almost impossible to get an insurance company to take you seriously and get what you deserve.

Our team knows how to fight the unfair use of technology in your injury case.

See How Our Team Can Leverage Technology in Your Personal Injury Case

Using technology in our courtroom presentation could be exceedingly helpful for your case. Once we start working on your case, we will determine what types of technology your case could benefit from.Call KJT Law Group today for a free consultation: (818) 507-8525.

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