Artificial Intelligence (AI) has changed every industry. From answer inuqires to creating apps, AI has become a major part of our lives. AI tools are powerful and have made tasks easier. Though AI is very helpful, relying on it to handle something as complex as a personal injury claim can be risky. Many tech companies claim AI agents can find the true value of personal injury claims and negotiate settlements without human intervention. However, it is important to consider that every personal injury case is different and unique. The human element understands the pain, suffering and impact a personal injury has on victims, which is lost in an automated process.
Why a Personal Injury Case Should Not Be Determined by an Algorithm
Many AI claim models are marketed to help people find the value of their own personal injury claims. However, it is important to take into consideration that most people have not suffered a major injury and are not aware of what information and documents are needed to successfully file for a claim. The value of a personal injury claim is not solely based on medical expenses; it should cover the following economic and non-economic factors:
- Ongoing treatment and future treatment costs
- Loss of income due to the inability to work
- Temporary and permanent disability
- Pain, suffering, and other non-economic losses
AI systems look for a ‘pattern’. They heavily depend on inputs, and in case the injury is not fully developed yet, the evaluation stays incomplete. At MacGillis Law Group, our experienced personal injury lawyers in Milwaukee believe in putting people first and ensuring victims’ rights are protected in the AI system landscape.
Why Wisconsin Personal Injury Cases are More Complicated Than They Seem
The personal injury cases in Wisconsin include more than just filling out documents and gathering evidence. Every case is unique, and every aspect needs to be handled properly, including:
- Determining Responsibility: The most important aspect of a personal injury claim is determining liability. At times, there are multiple parties involved, and insurance companies tend to shift blame onto victims.
- Evaluating Value of Damages: A personal injury claim covers the present and future damages. It takes into account ongoing and future medical treatment costs, loss of income, reduced ability to earn a living and non-economic factors like pain and suffering.
- Comparative Negligence: Under the Wisconsin Statutes § 895.045. comparative negligence rule, one can recover damages if their fault is 50% or less.
- Insurance Adjusters: Insurers look for reasons to reduce or deny claims. They use tactics like delaying payments, questioning injuries or offering low settlements to victims.
AI claim models do not understand human suffering and non-economic factors that cannot be expressed in monetary terms. This is when human intervention is needed to see non-tangible damages.
Why AI Cannot Replace Human Experience and Legal Judgement
Personal injuries require human experience and legal judgment to make decisions, including:
- When to accept a settlement & when to go for trial
- What insurance adjusters and juries look for when evaluating a claim
- If the medical reports support a personal injury claim
- How to tackle insurance companies
These decisions need human conscience, experience and judgment that AI models lack. It cannot evaluate credibility, anticipate how a jury may respond or adapt to the unique circumstances a case can bring. Most importantly, it cannot do one of the key things that often leads to stronger settlement outcomes: build and prepare the case as it will ultimately be presented to a jury.
Also, insurance companies are more likely to offer fair compensation when they know the victim is represented by an experienced attorney who is well prepared and willing to take the case to trial if needed.
Talk to a Personal Injury Lawyer About Your Case
If you are injured due to the negligence of another party, you deserve more than just an AI model. At MacGillis Law Group, our personal injury attorneys in Milwaukee can help you understand your rights and legal options to navigate complex personal injury claims. Call us to discuss your case. Let us protect you.