From smartphone cameras to artificial intelligence, technology is changing the ways that personal injury claims are investigated, prepared and resolved.
A quick photo at an accident scene, dash cam footage or digital medical records can all help strengthen a case. At the same time, technology brings new risks – from data privacy concerns to inaccurate information – that could weaken a claim if they’re not handled carefully.
Getting legal information online
Search engines and AI chatbots like ChatGPT make it easy to obtain information, including information about your legal rights. However, always be aware that online tools can make mistakes (as in the case of AI hallucinations).
AI tools don’t claim to be 100% reliable. Tools such as ChatGPT also don’t claim to be secure. They come with warnings not to enter information that’s confidential.
Also, by nature, they work from the prompts they’re given.
This makes it very unlikely for an AI tool to take everything that’s relevant into account. For example, the full context for a particular legal case includes:
- all relevant details of the case
- applicable legal frameworks in South Africa
- previous rulings on comparable cases in this country
- requirements and practicalities of working with relevant local authorities.
Claimant tips – accessing legal information:
- Remember that online tools aren’t secure; don’t enter private or confidential information.
- Don’t rely on AI or online calculators for legal advice.
- Confirm any online information with a suitably qualified attorney before acting on it.
Technology for collecting, preserving and presenting evidence
Technology makes it easier to gather, preserve and present real-time evidence. For example, wearable tech, like fitness trackers and smart watches, can provide data on a person’s physical state before and after an accident, helping to prove injury.
An event data recorder (or “black box”) on a vehicle can record information such as speed and braking status in the seconds leading up to and after a collision, potentially helping to prove fault in a road accident.
Other technology, such as surveillance cameras, CCTV footage, cellphone videos and photographs, 3-D imaging and drone footage, can capture the date, time and actual sequence of events leading to an accident.
These technologies all contribute to digital forensics. The data they supply can be key to determining the facts of personal injury cases.
Technologies like virtual reality (VR) and 3D modelling may also be used in court, to depict detailed scenes and demonstrate liability.
Claimant tips – gathering evidence:
- Take clear photos or videos of the scene, your injuries and any damage.
- Save dash cam or CCTV footage quickly; these are often overwritten after a certain number of days.
- Back up your evidence in more than one place – for example, using cloud storage and a USB.
Access to official records
Some systems in South Africa still operate at a “paper only” level – but the transition to digital systems is generally underway.
Digitised medical and police records make it easier to gather and access required evidence for a personal injury case.
To prevent privacy breaches, however, it’s important to use encryption and/or other methods for secure file sharing.
Claimant tips – sharing official records:
- Keep digital copies of all claim documents and correspondence.
- Don’t share sensitive records or details over unsecured channels.
Remote consultations
It’s becoming commonplace for medical practitioners to offer remote consultations.
Because medical testimony plays a critical role in personal injury claims, it’s best to be guided by your attorney in this regard.
Nonetheless, the potential for expanding people’s access to medical expertise (especially in rural contexts) is exciting.
Claimant tips – getting expert medical testimony:
- Choose personal injury attorneys with a strong network of medical specialists.
- Get and keep copies of medical reports and invoices.
Communication about your case
Online forms, emails and digital case management can mean less paperwork and quicker updates from your legal team.
To protect your interests, it’s best to provide information about your case only to your legal team, and only via secure channels.
Also, always be cautious about what information you share online. Even content that seems unrelated – like social posts showing claimants out with friends – has been used in court to weaken personal injury claims.
Whenever communicating online, bear in mind that what you say may be monitored and could be used in a legal context.
Claimant tips – communicating about your claim:
- Give all digital evidence to your legal team, not directly to any other party.
- Be cautious with email – use secure links if provided.
- Avoid posting anything on social media about your accident or recovery.
- Check privacy settings but remember that even “private” content can sometimes be accessed.
- Think twice before accepting new friend requests while your claim is on-going.
Our approach to the role of technology in personal injury law
We believe that technologies like AI require a balanced and ethical approach. Technology can be a powerful ally but only if used wisely, in ways that protect privacy and support better outcomes for our clients.
If you have a claim, the best advice is to collect strong digital evidence, protect your personal data and be mindful about social media – and of course, get competent legal advice and representation.
DSC Attorneys is a leading personal injury firm, established over 20 years ago and with a proven track record. Contact us for legal support that’s effective, ethical and caring. We work on a no-win, no-fee basis.
