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AI tools help some injury firms target juries and raise settlements
An attorney described how plaintiffs’ lawyers used laptops to review potential jurors quickly, while industry participants say more online mock juries and big data analysis are aimed at increasing jury awards and settlement demands.
An insurance defense attorney in Massachusetts told Insurance Journal that in a recent brain injury trial, Morgan & Morgan national injury law firm appeared to have detailed information on potential jurors soon after receiving the jury pool list, including social media activity, property records, education levels, and employment.
Insurance Journal reports the defense said the plaintiffs’ table had no papers or briefcase during a two week trial, while the plaintiffs’ approach relied on software and digital tools to exclude jurors quickly, with the attorney saying he generally does not get comparable information on that timeline.
The report also describes a wider shift in insurance litigation, where some injury and claims law firms use online mock juries with up to 1,200 people, big data to identify sympathetic jurors and venues, and artificial intelligence to analyze trial arguments.
An insurance executive cited by Insurance Journal said the competition is increasingly not other insurers, but plaintiffs’ lawyers, as these tools are used to refine legal theories and focus on jury presentation tactics intended to support higher jury awards and settlement demands.