Artificial intelligence is changing the way we work, communicate, and find information. But when you've been injured in an accident or hurt on the job, relying on AI for legal advice can steer you into dangerous waters.
At Gibbons & Gibbons, our mission is Turning the Tides for the Injured and Disabled®, and part of that mission is helping our clients avoid mistakes that could jeopardize their cases. One of the newest—and fastest-growing—risks we are seeing is people turning to AI tools like ChatGPT, Claude, and Gemini to answer legal questions instead of talking to their attorney or before they talk to an attorney.
While AI can be an excellent educational resource, it is not your lawyer. ChatGPT and Claude have never attended law school, taken or passed the bar exam or walked into a courtroom to try a case or argue an appeal. More importantly, using AI the wrong way could have unintended consequences for your personal injury or workers' compensation claim.
Is It Safe to Ask ChatGPT About My Injury Case?
The short answer is: it depends on what you're asking.
If you're asking a general question like, "What is workers' compensation?" or "How does a personal injury lawsuit work?" AI can often provide a helpful overview.
However, if you're asking questions such as:
AI simply doesn't have enough information to give reliable legal advice.
Those answers depend on facts unique to your case—facts that your attorney has spent weeks or months gathering and analyzing.
Every Case Has Its Own Current
No two injury cases are alike.
Even if two people suffer the same injury, their legal rights may be completely different because of factors like:
An AI program doesn't know these facts unless you provide them—and even then, it cannot evaluate them the way an experienced attorney can.
Just as a seasoned captain doesn't navigate unfamiliar waters by looking at only part of a chart, your attorney doesn't evaluate your case using only a few facts.
AI Can Be Confident—and Completely Wrong
One of the biggest misconceptions about AI is that because it sounds confident, it must be accurate.
Unfortunately, that's not always true.
AI sometimes "hallucinates," meaning it creates information that sounds legitimate but isn't.
That may include:
Even attorneys have learned this lesson the hard way. Courts across the country have sanctioned lawyers who submitted AI-generated legal authorities without verifying them because some of the cited cases simply did not exist.
That's why responsible lawyers use AI as a research assistant—not as a replacement for legal analysis and professional judgment.
Could Using AI Hurt My Case?
Potentially, yes.
Many people don't realize that when they upload documents or discuss details of their case with a public AI platform, they may be sharing confidential information with a third party.
That matters because attorney-client privilege generally protects confidential communications between you and your lawyer—not communications with an AI platform.
A recent federal court decision, United States v. Heppner, addressed this issue directly. The court concluded that conversations voluntarily shared with a public AI platform were not protected by attorney-client privilege or the attorney work-product doctrine because they were disclosed to a third party. This means that the defendant in your case could and likely will ask your lawyer to produce your ChatGPT or Claude username and password and will have unfettered access to every conversation you have had with an AI tool.
While the law surrounding AI is still developing, the decision serves as an important reminder that confidential legal communications should remain between you and your attorney.
Courts Are Paying Attention to AI
Another recent federal case involving the Conservation Law Foundation demonstrates just how quickly the legal landscape is changing.
In that case, questions arose regarding the use of AI in developing expert opinions and whether AI prompts should be disclosed during litigation.
While these issues continue to evolve, one thing is becoming increasingly clear:
How AI is used in litigation matters.
Before You Upload Your Documents…
Think about what your case file contains.
It may include:
These are not documents you should never casually upload into a public AI platform.
Once information leaves the confidential attorney-client relationship, you may unintentionally create legal issues that never needed to exist.
What Should You Do Instead?
If something your attorney tells you doesn't make sense…
Ask.
A good lawyer welcomes questions.
In fact, we encourage them.
Our clients deserve to understand why we recommend a particular strategy, why we advise patience during settlement negotiations, or why we may tell them not to speak with an insurance adjuster.
If AI gives you an answer that seems different from what your attorney told you, bring it to your lawyer.
There is often a perfectly good explanation based on facts that AI simply doesn't know.
Let Technology Help—Not Hurt—Your Case
At Gibbons & Gibbons, we believe technology should make legal representation better, not replace the relationship between attorney and client.
We use modern technology to work more efficiently and serve our clients more effectively. But experience, judgment, strategy, and advocacy cannot be automated.
When you've been injured, you're already navigating unfamiliar waters. The legal process, insurance companies, and medical treatment can all feel overwhelming.
You don't need another current pulling you off course.
Let your attorney be your navigator.
We'll help you chart the safest course, avoid hidden hazards, and keep your case moving toward the best possible outcome.
Because at Gibbons & Gibbons, we're proud to be Turning the Tides for the Injured and Disabled®—one client, one family, and one case at a time.
Frequently Asked Questions
Can ChatGPT replace my lawyer?
No. AI can provide general legal information, but it cannot give legal advice tailored to the facts of your case or represent you in court.
Should I upload my medical records or legal documents to AI?
No. Uploading confidential case information to a public AI platform may have legal implications.
Why does my lawyer's advice differ from what AI says?
Because your lawyer knows the facts, evidence, applicable law, insurance issues, and strategy unique to your case. Your attorney has years of legal training and the experience with hundreds of cases similar to yours. AI provides generalized information and may not have complete or accurate information.
Can AI tell me how much my injury case is worth?
No. The value of an injury or workers' compensation claim depends on numerous factors, including liability, insurance coverage, the extent of the property damage involved, medical evidence, lost wages, future damages, and the credibility of witnesses—none of which can be accurately evaluated through a generalized AI conversation.
About the Author
E. Lynn Gibbons is a Florida Bar Board Certified Workers' Compensation attorney with more than 30 years of experience representing injured workers and accident victims throughout Florida. As Managing Partner of Gibbons & Gibbons, she has dedicated her career to helping injured and disabled individuals navigate the legal system with confidence, compassion, and proven advocacy.
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