Proving and Disproving Claims of Emotional Distress
by Mark D. Lerner, Ph.D.
Clinical & Forensic Psychologist
In personal injury cases, emotional distress claims can play a significant role in determining damages. Whether supporting a plaintiff’s claim or defending against unsubstantiated, baseless allegations, the expertise of a forensic psychologist is crucial. A comprehensive Forensic Psychological Evaluation can provide an objective, empirically based assessment that can strengthen the case for attorneys on both sides.
For plaintiffs, these evaluations serve as essential tools for establishing the reliability and validity of emotional distress claims. Courts, including the Second Circuit, differentiate between "Garden Variety," "Significant," and "Egregious” emotional distress. A valid forensic assessment combines clinical interviews with objective psychometric testing, ensuring that findings are reliable and admissible. Furthermore, forensic-specific measures help identify malingering or exaggerated symptoms, reinforcing the credibility of the evaluation.
For defense attorneys, forensic evaluation can be invaluable in challenging emotional distress claims. Some plaintiffs may exaggerate or fabricate symptoms to increase settlement value, making Psychological Record Reviews and objective forensic assessments invaluable. By examining pre-existing conditions that challenge the proximate cause of the plaintiff's distress, inconsistencies in symptom reporting, and data from psychometric testing, forensic psychological evaluations can help attorneys counter weak or baseless claims.
Engaging a highly experienced forensic psychologist specializing in emotional distress claims is essential.