EVALUATING FOR PSYCHOLOGICAL INJURY

Kenneth N. Condrell, Ph.D.

Over the last 10 years, there has been a significant increase in the litigation of psychological injuries.  Despite this increase, I have found that many attorneys are unclear as to how a mental health professional evaluates and establishes that there has been a psychological injury.  The purpose of this article is to take the mystery out of what a psychological injury is and how a psychologist evaluates a plaintiff for this type of injury.  This article is addressed to attorneys because they are usually the ones who call me but anyone can request this kind of evaluation.

WHAT IS A PSYCHOLOGICAL INJURY

Psychological injury is defined by Izabela Z. Schultz and Douglas O. Brady, authors of Psychological Injuries at Trial, as damage or dysfunction in one's thinking, feeling and behaving caused by an event, usually a traumatic stressor, arising from personal or work injury for which damages are being sought.

Another component to this definition comes from the law that states that the wrong must be severe enough that it would harm most people.In other words, in order for a psychological injury to qualify as a psychological injury, there must be proof that a reasonable person, normally constituted, would not be able to cope adequately with the mental distress brought on by the traumatic stressor.

HOW DO YOU DETERMINE IF A PSYCHOLOGICAL INJURY HAS OCCURRED

In order to determine whether or not a psychological injury has occurred according to the definition stated, a mental health professional must conduct an evaluation.  This evaluation is a process involving several hours over a period of weeks.  The evaluation relies on a variety of strategies to examine the plaintiff.

WHEN DO ATTORNEYS REQUEST AN EVALUATION

Attorneys request an evaluation around three circumstances.

·The attorney believes the plaintiff has suffered a psychological injury in addition to the physical injury and that validating the existence of a psychological injury can add worth to their case.

·The attorney believes the plaintiff has suffered a psychological injury as a result of a horrific experience. For example seeing a parent killed.

·The attorney for the defense believes the claim for damages for a psychological injury is exaggerated, non-existent or caused by pre-existing conditions.

HOW DOES A PSYCHOLOGIST EVALUATE FOR A PSYCHOLOGICAL INJURY

When a psychologist conducts a forensic evaluation he takes on the role of an objective investigator.  The psychologist does not treat, counsel, or become the plaintiff's advocate as he would in the case of providing therapy.  The forensic psychologist is more like a psychological detective, and he informs the plaintiff that during the interviews they will be discussing four areas.  They are:

·What life was like before the accident?  (This discussion could extend back into ones childhood.)

·What the experience of the accident was like for the plaintiff and if the plaintiff reacted differently than other people.

·How the plaintiff has been doing since the accident.

·The connection between the accident and any difficulties since the accident.

·How the plaintiff is likely to be doing in the future.

As you can see, several interviews are required when a forensic evaluation is being conducted to explore the existence or absence of a psychological injury.In addition to interviews though, the psychologist has a variety of strategies to rely on in searching out the validity of the alleged damages.  These strategies are as follows:

·Family Videos And Photographs

·Family Sessions

·Psychological Testing

·Observing The Plaintiff In His Own Environment

·Studying A Variety Of Sources Of Information

FINAL REPORT

The culmination of this evaluation for psychological injury comes when all the data obtained is integrated and documented in a written report.  It is this report that is written up to the standards of the court where the psychologist states his opinions and conclusions.  The psychologist may also have to testify if a trial becomes necessary.

HOW DO YOU KNOW IF YOUR CLIENT HAS A PSYCHOLOGICAL INJURY

Your client possibly may have a psychological injury if you hear the following complaints.