Yes. ChatGPT therapy sessions, once seen as a private outlet for stress or recovery, are now raising serious legal questions in Colorado. The overwhelming reality is that ChatGPT sessions are likely discoverable evidence in a lawsuit. For accident victims in Colorado, this intersection of technology and law is more important than ever. Artificial intelligence is being used not only to process trauma but also to document life after an injury. That digital trail may resurface in ways clients never intended. As a Colorado personal injury law firm, Bowman Law consistently warns clients that what they type into AI platforms could become a courtroom exhibit tomorrow.
In May 2024, Colorado became the first state to pass a comprehensive AI Privacy Act. Officially known as the Colorado Artificial Intelligence Act (CAIA), this law regulates the use of “high-risk” AI systems. Officially known as the Colorado Artificial Intelligence Act, or CAIA, this law regulates the use of what it calls “high-risk” AI systems. The CAIA, which takes effect on February 1, 2026, applies to AI systems that influence consequential decisions in areas like healthcare, housing, insurance, employment, education, and legal services. Developers and users of these systems must exercise reasonable care, provide transparency to consumers, give individuals the right to human review of automated decisions, and implement risk management assessments to reduce discrimination and errors. The law reflects growing concern AI already influences critical decisions about mortgages, insurance eligibility, and fraud detection.
For injury victims or clients using AI tools, such as ChatGPT, Colorado’s new law matters because it acknowledges AI is not a private notebook. Conversations with AI platforms may carry legal weight if connected to healthcare, insurance, or legal claims. The personal injury attorneys at Bowman Law anticipate the CAIA will only reinforce the expectation that these conversations may be treated like discoverable documents.
Separate from the AI Privacy Act, Colorado also enforces the Colorado Privacy Act (CPA), effective July 8, 2021. The CPA gives consumers specific rights over their personal information, including the right to access data, correct inaccuracies, request deletion, and demand transparency from businesses about how information is collected and used. While the Attorney General has authority to fine companies up to $20,000.00 per violation, the protection is not absolute once litigation begins. Colorado Courts generally held that, once evidence exists and may be relevant, it must be preserved. For example, if an injured person typed into ChatGPT they were experiencing nightmares after a collision, that record could qualify as evidence of mental health damages. Even though the CPA allows individuals to request deletion of their data, those rights are limited once the information is potentially relevant to a lawsuit.
Colorado law does provide protection from invasion of privacy, but again, litigation changes the analysis. Criminal invasion of privacy applies when someone knowingly observes or photographs another person’s intimate parts without consent in a place where privacy is expected. Civil invasion of privacy involves unreasonable intrusion into someone’s personal life, public disclosure of private facts, or misuse of a person’s identity. These laws are meant to shield individuals from unwarranted exposure of their private lives, but courts often balance privacy against the duty to disclose evidence. In practice, this means that if you bring a personal injury lawsuit for pain, suffering, or emotional distress, the other side may argue that your ChatGPT conversations are relevant. A conversation that feels private in the moment may ultimately become part of the litigation record.
Unlike therapy sessions or communications with your lawyer, ChatGPT conversations are not confidential. They are not covered by therapist-patient privilege or attorney-client privilege, and they can be disclosed in discovery if relevant. This is a critical point for injured plaintiffs to understand. ChatGPT may feel like a safe space, but legally it is not. If you would not want something read aloud in a courtroom, think twice before typing it into an AI platform.
Once litigation begins, ChatGPT history can be subpoenaed. If chat history is enabled, the conversations may still be stored and retrievable. Even if history is disabled or a deletion request has been made, copies may exist on personal devices. If you use ChatGPT to say you felt “fine” and planned a ski trip weeks after a car accident, defense attorneys could argue that you exaggerated your injuries. On the other hand, if you wrote about panic attacks or sleepless nights, those records might help prove your damages.
Courts across the country, including in Colorado, are cautious with AI evidence. The Colorado Court of Appeals recently penalized a litigant who attempted to cite AI-generated legal cases that turned out to be fabricated. The court warned that, reliance on AI without verification could result in sanctions. This does not mean AI evidence is barred from court. Like any evidence, it must be relevant, reliable, and properly disclosed. A statement such as “I cannot sleep since my accident and cry every night,” entered into ChatGPT, could be admissible as evidence of a party’s state of mind, similar to how handwritten journals or text messages might be used.
Attorneys are still defining how AI fits into litigation. Some firms use AI to sort documents, conduct research, or draft initial outlines. Courts scrutinize these tools closely, and lawyers remain responsible for ensuring accuracy and compliance with ethical standards. Bowman Law uses advanced tools where appropriate, but always with human oversight, because ultimately the responsibility lies with attorneys, not algorithms.
Mental health litigation illustrates the potential role of ChatGPT in evidence. In personal injury cases, claims for emotional distress, PTSD, depression, or anxiety often depend on mental health evidence. Traditionally, this has meant therapy records, psychiatric evaluations, and expert testimony. Increasingly, courts may be asked whether ChatGPT “therapy sessions” should be treated like therapy notes. For a plaintiff, this presents both opportunity and risk. ChatGPT records may confirm the emotional impact of an accident, but they may also expose intimate details in open court.
Colorado Courts often allow search history into evidence if it can educate a jury regarding knowledge, intent, or state of mind. A plaintiff who repeatedly searched “back pain symptoms” after a crash strengthens their claim of ongoing injury. However, a claimant who searched “ski trips in Colorado” while claiming they could not walk risks credibility. The same reasoning applies to ChatGPT. Claims may be supported by a personal injury victim asking “How long does whiplash pain last?” If instead, an injured party asked, “How soon can I go back to the gym after a car accident?” the defense may use that to challenge the severity of the claimant’s injuries.
For personal injury clients in Colorado, the lessons are straightforward. Nothing online should be assumed confidential. ChatGPT therapy sessions, search history, and emails may all be treated as discoverable evidence. Journaling your recovery on AI is risky; handwritten or offline records are safer. If you have used AI to discuss your injuries, disclose it to your attorney early so we can prepare. Colorado’s privacy laws give you some control over personal data, but discovery rules usually take priority once litigation is underway. AI is useful for general research, such as learning about the definition of whiplash, but it is not the right place to confide emotional struggles you hope to keep private.
AI tools, like ChatGPT, are powerful and increasingly part of everyday life. They can help people process trauma, organize thoughts, and even provide therapy-like support. But from a legal standpoint, ChatGPT therapy sessions are not confidential and may become discoverable evidence in a lawsuit. Colorado’s privacy laws offer some protection, but they do not override the rules of litigation. In cases involving mental health evidence, AI conversations could be as important as medical records or traditional therapy notes.
Use AI with caution and always consult your attorney before assuming something is private. Under Colorado legal discovery, what you type into an AI platform today could be presented as evidence in court tomorrow. If you have been injured and are concerned how AI may factor into your case, contact Bowman Law. Our experienced personal injury attorneys are ready to talk with you. Call us or schedule a free consultation today.
While he enjoyed the rigors, and occasional madness, of day-to-day politics, Paul knew early in college that he was destined for a career in law. The lawmaking process was intriguing, but what really interested Paul in the law was the ability to help individuals in so many ways. Paul set out to pursue his legal career, enrolling in Seton Hall University School of Law immediately upon completing undergraduate in 2013. In law school, Paul earned the Samuel J. Heyman fellowship in public service, working in the Office of the Attorney General and in the legal department of the United States Postal Service. Paul also worked in private practice while in law school, including significant time at a plaintiff’s personal injury firm in northern New Jersey.
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