Filing a claim after a robot or AI injury involves multiple stages, each with its own requirements and challenges. This guide walks you through the entire process, from the moment an incident occurs through final resolution.
Phase 1: Incident Response (Days 1-7)#
The first week after an incident is critical for preserving evidence and protecting your rights.
Immediate Actions (First 24 Hours)#
1. Ensure Safety
- Move to a safe location away from the device
- Call 911 if injuries are severe
- Do not attempt to repair or restart the robot
2. Seek Medical Attention
- Emergency room for serious injuries
- Urgent care or physician for less severe injuries
- Even “minor” injuries should be professionally evaluated
- Tell providers exactly what happened and what device was involved
3. Preserve the Device
- Do NOT return it to the manufacturer
- Do NOT turn it on, update software, or reset it
- Store in a secure location
- Photograph it in its current state
4. Document the Scene
- Photograph the incident location from multiple angles
- Document any environmental factors (lighting, obstacles, floor surfaces)
- Photograph your injuries
- Photograph any property damage
First Week Actions#
5. Gather Evidence
- Write a detailed account of what happened while memory is fresh
- Collect witness names and contact information
- Screenshot all data from device apps
- Preserve any video footage (security cameras, doorbell cameras)
6. Report the Incident
- File a report with the manufacturer (stick to facts only)
- Consider filing with CPSC (SaferProducts.gov) for consumer products
- File with FDA for medical devices
- File a police report for significant injuries
7. Contact an Attorney
- Many offer free initial consultations
- Attorney can send preservation letters to manufacturer
- Early involvement protects evidence and rights
Phase 2: Case Evaluation (Weeks 1-4)#
After immediate responses, your case needs thorough evaluation.
Attorney Assessment#
Your attorney will evaluate:
- Liability strength: Is there clear evidence of defect or negligence?
- Damages: How significant are your injuries and losses?
- Defendants: Who can be held responsible?
- Jurisdiction: Where should the case be filed?
- Statute of limitations: How much time do you have?
Evidence Development#
Device Analysis
- Forensic expert examines the robot
- Data extraction from device memory
- Physical inspection for defects
- Software analysis
Medical Documentation
- Complete medical records obtained
- Medical expert review of injuries
- Prognosis assessment
- Future medical needs projection
Damage Calculation
- Economic damages tallied (medical bills, lost wages)
- Non-economic damages assessed (pain, suffering)
- Future damages projected
- Total claim value estimated
Phase 3: Demand and Negotiation (Months 1-6)#
Most cases attempt resolution before litigation.
Demand Letter#
Your attorney prepares a comprehensive demand package:
- Detailed incident description
- Evidence summary
- Injury documentation
- Damage calculation
- Liability analysis
- Settlement demand
Manufacturer Response#
The manufacturer (or their insurer) will:
- Investigate your claim
- Review evidence
- Consult their own experts
- Assess their exposure
- Respond with acceptance, denial, or counteroffer
Negotiation Process#
Settlement negotiation involves:
- Exchange of information and positions
- Multiple rounds of offers and counteroffers
- Possible mediation with neutral third party
- Assessment of trial risks by both sides
Factors affecting settlement value:
- Strength of liability evidence
- Severity and permanence of injuries
- Medical documentation quality
- Defendant’s financial resources and insurance
- Jurisdiction’s verdict history
- Similar case outcomes
Phase 4: Litigation (If Necessary)#
When negotiation fails, litigation may be necessary.
Filing the Complaint#
- Complaint filed in appropriate court
- Defendants formally served
- Defendants must respond within specified time
Discovery Phase#
Written Discovery
- Interrogatories (written questions)
- Requests for production (documents)
- Requests for admission (facts)
Depositions
- Testimony under oath
- You may be deposed
- Defendant representatives deposed
- Expert witnesses deposed
Expert Witnesses
- Technical experts (engineers, AI specialists)
- Medical experts
- Economic experts (damages calculation)
- Expert reports exchanged
Motions Practice#
- Motions to dismiss or for summary judgment
- Discovery disputes
- Motions in limine (pre-trial evidentiary rulings)
Trial#
If no settlement reached:
- Jury selection
- Opening statements
- Evidence presentation
- Witness testimony
- Expert testimony
- Closing arguments
- Jury deliberation and verdict
Post-Trial#
- Possible appeals
- Judgment collection
- Settlement of any remaining issues
Timeline Expectations#
| Phase | Typical Duration |
|---|---|
| Incident Response | 1-7 days |
| Case Evaluation | 2-4 weeks |
| Demand/Negotiation | 2-6 months |
| Litigation (if needed) | 1-3 years |
| Appeal (if any) | 6-18 months |
Note: Complex cases, especially those involving multiple defendants or novel legal issues, may take longer.
Cost Considerations#
Contingency Fee Arrangements#
Most personal injury attorneys work on contingency:
- No upfront attorney fees
- Attorney receives percentage of recovery (typically 33-40%)
- If you don’t recover, you don’t pay attorney fees
- You may still be responsible for costs (filing fees, expert fees, etc.)
Litigation Costs#
Potential costs (often advanced by attorney, recouped from recovery):
- Court filing fees
- Expert witness fees
- Deposition costs
- Document production
- Mediation fees
Settlement vs. Trial Considerations#
Settlement advantages:
- Certainty of outcome
- Faster resolution
- Lower costs
- Privacy (usually confidential)
- Less stressful
Trial advantages:
- Potential for higher recovery
- Public accountability for defendant
- Precedent for future cases
- Vindication through verdict
Your Role in the Process#
What You Should Do#
- Keep all appointments (medical, legal)
- Maintain your damages journal
- Preserve all evidence
- Respond promptly to attorney requests
- Be honest and thorough in all communications
- Follow medical advice
- Stay off social media regarding your case
What You Should Avoid#
- Discussing the case publicly
- Posting on social media
- Speaking directly with defendant representatives
- Signing anything without attorney review
- Missing medical appointments
- Engaging in activities inconsistent with claimed injuries
- Destroying any evidence
Frequently Asked Questions#
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