AI in Litigation: A Double-Edged Sword

In 2023, personal-injury attorney Steven Schwartz, his partner, and his firm were sanctioned after he submitted briefs in the case of Roberto Mata—who had been struck by a metal serving cart aboard a 2019 flight—that cited completely fictitious opinions generated by ChatGPT. Schwartz’s defense was that he “did not understand it was not a search engine, but a generative language-processing tool.” The fallout was swift: sanctions for misleading the court resulted in a $5,000 fine, and the episode served as a wake-up call for plaintiff-side practitioners exploring AI in litigation.

This cautionary tale underscores the need for education surrounding AI in the legal space. 

While AI legal tools offer unprecedented speed and insight, they’re prone to “hallucinations,” the generation of plausible but false or fabricated information. When relied on without verification, these tools can propagate inaccuracies that mislead courts and derail cases. To avoid getting burned by AI, legal professionals need to understand both the capabilities and limitations of their legal AI tools before entrusting them with substantive work.

We’ll explore how personal injury attorneys are leveraging AI to prepare medical chronologies, streamline document review and summarization, deploy advanced media analysis, and generate persuasive demand letters. Additionally, we’ll provide you with a list of tools you should and shouldn’t use.

So, what does the rise of AI mean for plaintiff-side litigation?

The Rise of AI in Plaintiff-Side Litigation

Over the past decade, AI has shifted from a niche research topic to a toolkit found in over ¾ of devices. 

Initially, AI was a simple program that followed hundreds of simple “if–then” rules. Today, AI has been developed to recognize images, understand speech, and sift through mountains of text almost like a human would.

These “human-like” capabilities are now being adopted in the legal space. The main drivers are:

• Speed: Tasks that once dragged on for weeks, such as reviewing thousands of pages of records or drafting demand letters, can now be completed in hours or days.
  
  

• Accuracy: Advanced Natural Language Processing (NLP) models detect subtle patterns in data, flagging inconsistencies and outliers that manual review may miss.
  
  

• Cost Savings: By automating routine work, firms can reallocate valuable attorney hours toward higher-value strategy and client engagement.

In an increasingly competitive market, leveraging AI tools can be the difference between maximizing client recoveries and settling early for less. As you consider adopting these solutions, it’s critical to grasp not just what they do, but how they integrate into your workflow and ethical obligations.

How You Can Use AI Tools for Evidence & Strategy Workflows

Warning on Using General AI Models

While AI tools can dramatically speed up your work, be cautious: general-purpose AI services (like public chatbots) aren’t designed for confidential legal data. Before uploading any files, always scrub or anonymize client names, dates of birth, medical record numbers, and other personally identifying information. Failure to do so will risk exposing sensitive data without any privacy guarantees.

How Paralegals Can Benefit

As any paralegal knows, you’re often the linchpin in assembling case materials: organizing records, flagging key facts, and preparing the groundwork for attorneys. By using HIPAA- and SOC 2-compliant AI platforms like ProPlaintiff.ai, you bring all your essential tools into one, so you can improve your accuracy while taking a few hours off your workload.

Building Medical Chronologies
Gone are the days of flipping through binders of chart notes and transcribing dates by hand. With AI-powered chronologies, simply upload the client’s medical records and let the system extract events: “06/12/24: ER visit for head injury,” “07/01/24: Neurologist consult confirms concussion”. Then have AI lay them out in a clear, editable timeline.

Example: When Rachel at Martinez & Lee uploaded hundreds of pages of records, she spotted a three-month gap in the treatment timeline that had gone unnoticed. Her attorney used that detail to strengthen causation arguments and secured a higher demand number.

“Chat with Document” for Conversational Q&A
Whether you’re hunting for specific language in a deposition or confirming dosage details in a medical report, natural-language queries save hours. Ask, “Which reports mention opioid prescriptions after surgery?” or “Summarize Dr. Patel’s opinion on functional limitations,” and get succinct, numbered answers with direct citations.

Example: Overwhelmed by a 500-page ER transcript, Jamal typed “list all allergy mentions” into the chat. Within seconds, he had a neat list—no more page-by-page slog.

Transcribing and Analyzing Multi-Media Evidence
Photos, dash-cam video, and social-media posts can hide timestamps or metadata that confirm where and when an accident happened. AI media analysis highlights key frames, reads GPS tags, and even flags discrepancies (e.g., a safety helmet not in place), so you can annotate exhibits with confidence.

Example: At a recent slip-and-fall case, Jasmine used media analysis to extract a timestamped security-cam clip showing her client’s fall.

Drafting Demand Letters with AI Templates
First drafts of demand letters often fall to paralegals. AI-driven templates auto-fill client details, chronology highlights, and documented losses into your firm’s standard format. You tweak tone, add personal touches, and hand off a polished draft to the attorney, cutting weeks down to days.

Example: When the firm needed a rapid demand before a presuit deadline, Luis generated a complete draft in under an hour. His attorney only made minor edits, and the client was thrilled with how smoothly it flowed.

These are just a few examples of how legal professionals are implementing AI tools into their day-to-day, transforming months of grunt work into streamlined, high-impact tasks. This lets you focus on what you do best: supporting your attorneys and advancing your cases.

Best Practices for Adopting AI in Plaintiff-Side Litigation

Integrating AI needs to be done thoughtfully. Provided are some best practices you should follow to ensure smooth adoption, maintain ethical standards, as well as demonstrate the benefits to your firm.

1. Choose the Right Platform

   • Compliance First: Look for HIPAA- and SOC 2-certified solutions like ProPlaintiff.ai to safeguard client data from upload through storage and sharing.

   • Unified Workspace: Prioritize platforms that combine medical chronologies, document review, media analysis, and demand-letter generation in one interface. This avoids juggling multiple subscriptions and data silos.

   • User-Friendly Design: As the primary day-to-day user, you’ll know quickly whether a tool’s UI makes tasks intuitive (drag-and-drop uploads, clear audit trails, natural-language chat) or leaves you hunting through menus.

Paralegal Tip: Before rolling out a new AI trial, have a small team (2-3 paralegals) test core tasks: chronologies, document queries, and demand letters, and gather feedback from their experience.

1. Establish Clear Workflows & Training

   • Standard Operating Procedures: Draft step-by-step guides for each AI feature: how to prep records, how to run analyses, and how to verify outputs.

   • Role Definitions: Define who’s responsible for scrubbing PII before upload, who reviews AI outputs, and who finalizes drafts. This prevents duplication and ensures accountability.

   • Hands-On Training: Schedule brief workshops or lunch-and-learn sessions. Walk through real case examples, so paralegals become comfortable spotting and correcting AI “hallucinations” before they reach attorneys.

Paralegal Tip: Pair those with experience using AI with colleagues new to the tools. Rotate responsibilities so everyone gains exposure to each feature and can share their experiences with each other.

1. Verify & Document Everything

   • Audit Trail Checks: After running an AI chronology or document summary, cross-check at least one major entry against the source file. Use the platform’s version history to note your verification.

   • Source Citations: When you populate a demand letter with AI-generated language, append or embed precise citations (e.g., “MRI report, 09/15/24, p. 4”) so attorneys can rapidly review.

   • Error Log: Maintain a brief internal log of any AI errors you catch—misdated events, missing citations, or misidentified images. Over time, this helps you refine prompts and train the AI to improve accuracy.

Paralegal Tip: Set a weekly 15-minute huddle to review any AI-generated discrepancies. This continuous feedback loop prevents small mistakes from becoming big problems.

1. Measure ROI & Share Wins

   • Time Tracking: Compare how long it takes to build a chronology, run a document query, or draft a demand letter before and after AI adoption. Even a 50 percent reduction is a clear win.

   • Quality Metrics: Survey attorneys for satisfaction ratings on AI-assisted deliverables. Did demand letters arrive earlier? Were chronologies more comprehensive?

   • Case Outcomes: While many factors influence settlement or verdict, note any cases where AI-driven insights (e.g., a missed treatment gap or a key video timestamp) directly contributed to higher demand numbers or early resolution.

Paralegal Tip: Compile these metrics into a monthly “AI Impact” one-pager. Share it with your supervising attorneys to showcase efficiency gains and reinforce ongoing support for the technology.

Selecting the right AI tool for you, formalizing workflows and training, rigorously verifying outputs, and quantifying your gains will help you and your firm to maintain accuracy and client confidentiality. Now that you’re empowered with the knowledge of how AI works, what to use it for, and how to implement it, it’s time to start putting it to work.

Next Steps

AI is reshaping plaintiff-side evidence and strategy. But with great power comes great responsibility. As you integrate AI into your workflow, remember:

• What it can do for you: AI accelerates building medical chronologies, document analyses, and multimedia findings, giving your team deeper, more precise case-building capabilities.

• Use it strategically: Weaving AI-derived timelines and media insights into your narratives means you position your firm to negotiate from strength and pursue optimal outcomes.

• Prudent use is essential: Left unchecked, AI “hallucinations” can generate fictitious citations or misstate case law. This then puts you at risk of sanctions, ethical violations, and damage to your reputation. Verify every AI output, maintain audit trails, and cross-reference with primary sources.

As we mentioned at the beginning of this piece, failing to exercise this prudence can land a case in jeopardy, as seen in high-profile sanctions for relying on unvetted generative outputs. Combining AI’s speed with rigorous human oversight helps you unlock its full potential without stumbling into costly snafus.

Next Steps with ProPlaintiff.ai

As we’ve mentioned before, using purpose-built legal AI software should be your first step in leveraging AI in your legal workflow. Here’s why ProPlaintiff has become a favorite for legal professionals across the United States:

• Secure Your Practice: Leverage our HIPAA- and SOC 2-certified platform for end-to-end data protection and built-in audit logs.

• Empower Your Team: Enroll in our “AI for Plaintiff Evidence” webinar for live demos on chronology, media analytics, and demand-letter workflows.

• Stay Informed: Subscribe to our newsletter for practical tips, case studies, and updates on AI best practices in litigation.

Embrace AI thoughtfully, balance innovation with diligence, and you’ll drive stronger evidence, smarter strategy, and safer practices for every plaintiff-side case.