What Is a Personal Injury Psychological Evaluation?
When someone experiences a serious injury, the effects may extend beyond physical pain. An accident, traumatic injury, or other life-altering event can also affect a person's emotional functioning, relationships, work, and overall quality of life. In some personal injury cases, a psychological evaluation can help clarify the nature and extent of these effects.
A personal injury psychological evaluation is an independent assessment that addresses psychological questions which came about in a personal injury or civil litigation matter. The evaluation may examine psychological symptoms, diagnostic considerations, functional impairment, relevant pre-existing factors, and the relationship between psychological functioning and the reported injury or event..
When Is a Psychological Evaluation Appropriate in a Personal Injury Case?
Not every personal injury case requires a psychological evaluation. An evaluation may be appropriate when an individual reports significant psychological symptoms or functional changes following an accident, traumatic injury, or other event that is the subject of litigation.
For example, an attorney may seek a psychological evaluation when a client reports:
Anxiety, depression, or significant emotional distress following an injury
Symptoms associated with posttraumatic stress
Changes in sleep, concentration, mood, or daily functioning
Difficulty returning to work or maintaining previous occupational functioning
Changes in social or family relationships
Psychological difficulties associated with chronic pain or disability
A substantial change in functioning after a serious or catastrophic injury
The purpose of the evaluation is not just to determine whether someone is experiencing distress. Rather, the psychologist considers the available evidence and addresses the specific mental health/forensic questions relevant to the case.
What Does a Personal Injury Psychological Evaluation Assess?
The scope of an evaluation depends on the referral question and circumstances of the case. An evaluation may consider:
Psychological Symptoms and Diagnoses
The evaluator assesses current psychological functioning and considers whether symptoms are consistent with a diagnosable psychological condition.
Functional Impairment
Psychological symptoms may affect a person's ability to work, maintain relationships, participate in activities, or manage everyday responsibilities. An evaluation may examine the extent to which a person’s psychological functioning has been impacted in these areas.
Relevant Pre-Existing Factors
Personal injury cases may involve psychological or medical histories that predate the reported injury. Understanding an individual's baseline functioning and relevant history can be important when assessing changes that occurred after an event.
Causation-Related Questions
Depending on the referral question, a forensic psychologist may evaluate psychological factors as they relate to causation. This requires consideration of the timing of symptoms, prior history, alternative explanations, medical and psychological records, and other available evidence.
A forensic evaluator begins with an objective perspective, rather than an assumption about what caused a person's symptoms. Opinions are developed from the available evidence.
What Does a Personal Injury Psychological Evaluation Include?
A comprehensive evaluation typically involves multiple sources of information rather than relying on a single interview or psychological test.
Records Review
The psychologist may review medical records, psychological/psychiatric records, employment records, educational records, deposition transcripts, accident-related documentation, and other materials relevant to the referral question.
The amount and type of records reviewed will vary depending on the complexity of the case.
Forensic Interview
The psychologist conducts a detailed interview addressing the individual's psychological history, medical history, the reported injury or event, symptoms, functioning before and after the event, treatment history, occupational functioning, relationships, and other relevant areas.
Psychological Testing
Standardized psychological tests may be used when appropriate. Testing can provide additional information regarding personality functioning, emotional symptoms, cognitive functioning, trauma-related symptoms, or response style.
Testing is not automatically necessary in every case. The selection of assessment measures, if applicable, is guided by the referral question.
Collateral Information
When appropriate, the psychologist may consider information from other sources, such as treatment records, medical providers, employment information, or other collateral documentation.
Forensic Report
Following the evaluation, the psychologist may prepare a written report describing which records were reviewed, procedures used, clinical findings, diagnostic considerations, and opinions related to the specific referral questions.
How Is a Personal Injury Evaluation Different From Therapy?
One of the most important distinctions in forensic psychology is the difference between treatment and evaluation.
A treating psychologist's role is to provide care and support the patient's treatment and recovery.
A forensic psychologist’s (aka evaluator) role is to provide an objective assessment of the psychological questions relevant to the legal matter. The evaluator does not serve as the individual's therapist and does not approach the evaluation with the goal of producing an outcome that benefits either party.
This distinction is particularly important in litigation. An independent evaluator will consider information that supports the case as well as information that may complicate or contradict a particular interpretation of the individual's psychological functioning.
Why is an Independent Evaluation Important?
Personal injury litigation can involve significant financial and legal consequences. Attorneys need psychological opinions that are based on careful assessment rather than advocacy for their client.
An independent psychological evaluator considers the available evidence, including information that may support the referral question and information that may not. The goal is not to advocate for the plaintiff or defense. The goal is to provide a well-supported psychological opinion that addresses the referral question using the available evidence.
What Happens After the Evaluation?
Depending on the case, the psychologist may provide a written forensic report and consult with retaining counsel regarding the evaluation and findings.
An evaluator may also be asked to provide deposition or trial testimony. Testimony generally focuses on the psychologist's evaluation, methodology, findings, and opinions rather than providing treatment or advocacy for the individual being evaluated.
Choosing a Personal Injury Psychological Evaluator
When selecting a psychologist for a personal injury matter, attorneys should consider the evaluator's experience with forensic assessment, familiarity with legal proceedings, approach to psychological testing and records review, and ability to communicate complex psychological information clearly.
A qualified evaluator should also understand the distinction between clinical treatment and forensic assessment and maintain appropriate objectivity throughout the evaluation process.
Personal Injury Psychological Evaluations in Dallas-Fort Worth
I provide independent psychological evaluations and expert consultation for personal injury and civil matters in federal and Texas state proceedings. My approach is thorough, objective, evidence-based, and culturally informed.
If you are an attorney considering whether a psychological evaluation may be appropriate for a personal injury matter, I welcome the opportunity to discuss the referral question and determine whether an independent forensic evaluation would be useful.
Contact me to discuss a potential personal injury psychological evaluation or expert consultation.