by Mark D. Lerner, Ph.D.
Clinical & Forensic Psychologist
“Your reports have derailed unfounded claims, saving defendants significant money. Your meticulous attention to detail and thorough analysis ensures that only legitimate claims proceed.” —New York Lawyer
Personal injury lawsuits often seek compensation for physical and mental suffering caused by an individual's or entity's negligence or wrongdoing. However, in many cases, claims of emotional distress are baseless and unsupported by evidence. Dismantling these claims is crucial to ensuring that people do not abuse the legal system and that compensation is awarded only to those who deserve it.
In personal injury cases, plaintiffs often employ a strategy of exaggerating, malingering, or feigning symptoms of emotional distress to enhance the value of their case. This often includes claims of anxiety, panic, fear, hypervigilance, anger, depression, insomnia, and symptoms associated with posttraumatic stress. These claims can be difficult to disprove as they rely solely on the plaintiff's word.
However, a simple, cost-effective strategy to dismantle baseless claims is Forensic Psychological Evaluation and/or Psych Record Review. Yesterday, I evaluated a woman who was involved in a motor vehicle accident with a municipal vehicle. During her evaluation, she described numerous overwhelming experiences in her life—and never mentioned the MVA! Defense counsel was very pleased with the draft copy of my comprehensive report.
As is often the case, there are other reasons why a plaintiff is experiencing emotional distress, and skillful elucidation of these reasons empowers attorneys to prove that the proximate cause of the plaintiff’s emotional pain has more to do with other events than the event that prompted their lawsuit.
When attorneys find out the cost of conducting a Forensic Psychological Evaluation and/or Psych Record Review, they realize the significant cost-effective benefit of not paying for baseless and unsubstantiated emotional distress claims.
By providing forensic psychological reports, including clinical and objective empirical data that indicates malingering or feigning symptoms, defense attorneys can help ensure that compensation is awarded only to those who truly deserve it.
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