Psycholegal standards and the role of psychological assessment in personal injury litigation

Abstract

Abstract Conceptual and procedural aspects of the forensic practitioner's role in personal injury litigation are identified relative to the provision of evaluative, consultative, and court‐related services. A model is presented for comprehensive clinical and psychodiagnostic assessment consistent with concepts of legal relevance and probative value. The model facilitates rendering psycholegal formulations and opinions regarding compensatory damages when retained to examine mental and emotional elements entered as causes of action in tort. The differential contribution of state and trait level conditions, and of proximate, pre‐existing, and coexisting factors to the causal nexus of impairment is considered in this context toward establishing preincident baseline functioning and making pre‐post comparisons. Approaches toward delineating the range and severity of impairments that are related to the instant event, and separating these from nonproximate factors and from the dynamics of primary and secondary gain, are considered.

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