Evaluation for Personal Injury Claims

Abstract

This chapter reviews concepts of forensic mental health assessment (FMHA) that are relevant to personal injury claims. It first provides an overview of the legal context underlying evaluations for personal injury claims, with particular emphasis on the retention of mental health professionals either as consultants or testifying experts, standards for testimony, professional negligence, and process of a case. It then turns to a discussion of FMHA concepts and describes a best-practice model of expert testimony that attorneys can use in mental health-related civil litigation alleging psychological injury. It also considers the empirical foundations and limitations of evaluations for personal injury claims as well as the steps involved in conducting an evaluation. Finally, the chapter outlines key aspects of report writing and testimony concerning evaluations for personal injury claims.

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