Documenting Your Case: Evidence That Wins Settlements

The difference between a six-figure settlement and a dismissed case often comes down to evidence. Robot and AI injury cases present unique documentation challenges—technical data that requires expert interpretation, digital records that can be remotely deleted, and complex causation questions that demand thorough proof. This guide explains what evidence matters and how to build the strongest possible case.

Understanding Evidence in Robot Injury Cases

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Robot injury cases require proving several elements, each demanding specific types of evidence.

Proving the Robot Caused Your Injury

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This seems obvious but can be surprisingly difficult. You need evidence that:

The robot was involved: Photographs, video, witness statements, and physical evidence placing the robot at the scene and in operation at the time of injury.

A specific mechanism of harm: Not just that you were near a robot when you got hurt, but how the robot caused the injury. Did it strike you? Burn you? Trap you? Cut you?

The injury resulted from robot action: Medical evidence linking your specific injuries to the type of harm a robot could cause. Burns consistent with electrical discharge. Lacerations consistent with exposed mechanisms. Crushing injuries consistent with robot force.

Proving Something Was Wrong with the Robot

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Robot manufacturers will argue the device worked correctly and you used it wrong. You need evidence of defect:

Device malfunction evidence: Sensor logs showing failures. Error codes. Physical damage indicating mechanical problems. Software crash reports.

Design defect evidence: Industry standards the robot didn’t meet. Safer alternative designs available. Testing data showing known failure modes. Complaints from other users.

Warning defect evidence: Comparison of actual warnings to known risks. Expert analysis of warning adequacy. Evidence of what you knew versus what you should have been told.

Proving Your Damages

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Ultimately, you need compensation for actual losses:

Economic damages: Medical bills, lost wages, property damage—tangible financial losses with documentation.

Non-economic damages: Pain, suffering, emotional distress, loss of enjoyment of life—real but harder to quantify.

Future damages: Ongoing medical needs, permanent limitations, reduced earning capacity—projections based on current evidence.

Device and Technical Evidence

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The robot itself contains your most valuable evidence. Here’s how to preserve and develop it.

Preserving the Device

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First and most important: secure the robot.

Do not return it to the manufacturer under any circumstances without attorney involvement. Their interest is in minimizing liability, which may mean losing evidence.

Do not turn it on after the incident. Operating it may overwrite logs or change its state.

Do not update software even if prompted. Updates can change behavior and erase data.

Store it safely in a location where it won’t be tampered with, damaged, or disposed of. Consider photographing it before storage.

Document chain of custody: Who has had access to the device since the incident? Written records of custody help establish evidence integrity.

Extracting Device Data

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Robots generate various data that forensic experts can extract:

Sensor logs: What the robot’s sensors detected before and during the incident. Did it see you? Did it sense an obstacle? What was its perception of the environment?

Motor/actuator logs: How the robot moved. Speed, direction, force applied. Did it behave as programmed?

Error logs: Any faults, warnings, or errors recorded. These may reveal malfunctions.

Decision logs: For AI systems, records of what decisions were made and why (to the extent interpretable).

Software version: Which specific software was running. Known issues with that version?

Configuration: How the robot was set up. Operating modes, safety settings, user preferences.

Extracting this data requires forensic experts—your attorney will engage specialists who can access device memory without altering it.

Network and App Data

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Modern robots connect to apps and cloud services:

Screenshot and export all data from companion apps before it can be deleted. Usage history, schedules, error notifications, support communications.

Preserve router logs if the robot connected to your Wi-Fi. Connection times, data transmitted.

Request cloud data from the manufacturer—your attorney can subpoena records they store.

Check for firmware updates that occurred before the incident. Did a recent update introduce problems?

Comparative Evidence

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Proving defect often involves comparison:

Similar devices: How do other robots of the same model perform? Evidence of similar failures supports defect claims.

Industry standards: What safety standards apply? Did this robot meet them?

Competitor products: How do competing products handle similar scenarios? Safer alternatives suggest design defect.

Earlier versions: Did previous versions of this robot lack the problem? Changes may indicate known issues.

Medical Documentation

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Your injuries need comprehensive medical documentation from the incident through recovery.

Immediate Medical Records

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Emergency records: If you went to the ER, these records capture your condition at its most acute. Initial assessments, vital signs, presenting complaints, initial treatment.

Diagnostic imaging: X-rays, CT scans, MRIs showing objective evidence of injury.

Lab results: Blood tests, toxicology if relevant, other objective measures.

Provider notes: Physician observations and assessments in their own words.

Ensure medical providers document the cause of injury. “Patient reports injury from robot” is better than “patient presents with laceration.”

Treatment Records

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As you receive ongoing care, document everything:

All provider visits: Primary care, specialists, physical therapy, mental health providers.

Treatments received: Medications, procedures, therapies, surgeries.

Provider recommendations: What providers recommend, whether or not you follow it. Not following recommendations needs explanation.

Treatment outcomes: How treatments helped or didn’t help. Progress notes.

Expert Medical Opinions

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For significant injuries, expert medical opinions strengthen your case:

Causation opinions: Medical expert confirming your injuries are consistent with the reported mechanism (robot injury).

Treatment necessity: Expert confirming your treatment was reasonably necessary.

Prognosis: Expert opinions on future medical needs, permanent limitations, recovery expectations.

Life care planning: For severe injuries, detailed projections of lifetime medical needs and costs.

Documenting Your Damages

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Beyond proving what happened, you need to document how it affected you.

Economic Damages

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Keep comprehensive records of all financial impacts:

Medical bills: Every bill from every provider. Explanation of benefits from insurance. Out-of-pocket payments.

Lost wages: Pay stubs showing what you earned before. Employer documentation of missed work. Self-employed income records.

Lost earning capacity: If you can’t work at the same level, documentation of previous capabilities versus current limitations.

Property damage: Repair or replacement costs for anything damaged in the incident.

Out-of-pocket expenses: Transportation to medical appointments. Home modifications needed. Assistance hired.

Non-Economic Damages

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These require different documentation strategies:

Pain journal: Daily log of pain levels, locations, what makes it worse, what helps. Shows ongoing physical impact.

Activity limitations: What could you do before that you can’t do now? Specific examples with dates.

Impact on relationships: How has the injury affected your family life, social activities, intimate relationships?

Emotional effects: Anxiety, depression, fear, nightmares, PTSD symptoms. Mental health treatment records.

Before/after documentation: Photos of activities you did before. Testimony from people who knew you before and after.

Witness Statements

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Witnesses provide crucial support:

Fact witnesses: People who saw the incident or its immediate aftermath. Their statements about what happened.

Impact witnesses: People who can describe how you’ve changed since the injury. Family members, friends, coworkers.

Expert witnesses: Professionals who can provide opinions—engineers on the device, physicians on injuries, economists on damages.

Get witness statements in writing as soon as possible while memories are fresh. Have witnesses sign and date their statements.

The Damages Journal

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One of the most valuable pieces of evidence is a personal journal documenting your experience. This should be started immediately and maintained throughout recovery.

Daily Entries Should Include

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Pain levels: Rate on a 1-10 scale. Describe character (sharp, dull, burning, aching). Note what triggers or relieves it.

Activities: What you did or couldn’t do. Specific limitations encountered.

Sleep: Hours slept, quality, interruptions, what disturbs sleep.

Medications: What you took, why, did it help.

Emotional state: How you’re feeling mentally and emotionally. Fears, frustrations, depression, anxiety.

Medical visits: Brief note of any provider visits and what happened.

Milestones: First time you could do something again. First time you couldn’t do something you expected to.

Why This Matters

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The journal serves multiple purposes:

Contemporaneous record: Notes made at the time are more credible than later memories.

Evidence of ongoing impact: Shows the injury isn’t just a one-time event but ongoing suffering.

Support for non-economic damages: Juries understand pain better through specific, personal accounts.

Preparation for testimony: When you testify, the journal helps you remember specifics accurately.

Organizing Your Evidence

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Effective organization makes evidence accessible and useful.

Create a Chronological Timeline

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Build a master timeline including:

• Date and circumstances of injury
• All medical treatment with dates and providers
• Key recovery milestones
• Significant impacts on work, activities, relationships
• All communications with manufacturers, insurers, attorneys

Maintain Document Categories

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Organize documents by type:

• Device documentation (photos, videos, forensic reports)
• Medical records (by provider and date)
• Financial records (bills, wage documentation)
• Correspondence (manufacturer communications, insurance letters)
• Journal entries
• Witness statements

Back Up Everything

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• Digital copies of all documents
• Cloud backup of photos and videos
• Multiple copies in different locations
• Original physical documents stored safely

Working with Your Attorney

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Your documentation efforts support your attorney’s work. Here’s how to collaborate effectively.

Provide Complete Information

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Don’t filter what you give your attorney. Let them decide what’s relevant. Things that seem unimportant might matter:

• Prior interactions with the same device
• Previous injuries or medical conditions
• Any statements you made about the incident
• Social media posts (before and after)

Be Honest About Everything

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Your attorney needs to know weaknesses in your case to address them. Don’t hide:

• Times you weren’t following manufacturer instructions
• Prior similar incidents
• Gaps in medical treatment
• Problems in your life unrelated to the injury

Stay Organized

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Maintain your documentation throughout the case. Your attorney will need ongoing access to:

• New medical records as treatment continues
• Updated financial information
• Changes in your condition
• Any new relevant information

Conclusion

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Thorough documentation transforms a good case into a great one. The evidence you gather—of the robot’s malfunction, of your injuries, of your damages—builds the foundation for maximum recovery. Start immediately, be comprehensive, stay organized, and work closely with your attorney to ensure nothing important is missed.

Your future recovery depends on the evidence you preserve today.