I recently attended a webinar where the speaker stated that as facts emerged in mediation, we would be able on the spot to turn to Artificial Intelligence for a case evaluation.

Uh, no.

Don’t get me wrong. I have test-driven ChatGPT. It is a phenomenal tool and search engine. If you are stuck for ideas, a carefully crafted query can produce excellent results. Then it’s up to you to use those results to produce your own work product.

For example, I asked for five reasons to timely notify an insurance company of a loss. Here is an outline of the answer, omitting the full explanations:

  1. Fulfillment of policy requirements
  2. Faster claim processing
  3. Evidence preservation
  4. Compliance with legal obligations
  5. Protection against further damage

I tested the ability of ChatGPT to evaluate a case. I provided a figure for medical expenses and lost earnings and no specific amount for pain and suffering. ChatGPT answered:
As an AI language model, I cannot provide legal advice or determine the outcome of a personal injury case, as these depend on various factors such as the specific circumstances of the incident, the jurisdiction, and the evidence presented.

Similarly, the answer about the value of a workers compensation claim was:
…each case is unique, and the value of a workers’ compensation settlement can vary widely depending on the individual circumstances. To get a more accurate estimate of the value of a settlement for a particular case, it’s best to consult with a qualified workers’ compensation attorney in California.

And those are the right answers. Lawyers and claims professionals supply the human intelligence to evaluate a case based on all the variables. AI is great at collecting available information and presenting it in a requested format. What it can’t do is analyze and evaluate.

In my book Personal Injury Case Evaluation: What’s My Case Worth?, I explain seven specific ways to use your human intelligence to evaluate a personal injury case. AI isn’t going to do it for you. But a mediator can help you figure it out.

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