Forensic Psychology - Civil Court

Psychological Factors in Physical Trauma

Personal injury resulting from accidents, whether they occur at a home, in a motor vehicle or other transportation mode, or at a place or business, account for most psychological trauma in civil court. However, being victimized by a criminal act, or witnessing a traumatic event (such as a murder or an explosion) can also lead to significant psychological trauma. The impact of these events is almost always more severe for children than adults, and witnessing the death or injury of a loved one is usually more psychologically damaging than if the victim is a stranger.

Oppression also results in psychological harm. Consequently, working in an atmosphere of threats and harassment can cause psychological trauma even to those individuals not directly harassed, as well as causing significant psychological harm to the victims of harassment or discrimination. The law may or may not currently allow for recovery of damages in all of these instances, but they are still essential in evaluating the psychological impact of trauma on victims. As such, psychological research often becomes important in completing personal injury evaluations, in addition to clinical interviews and psychological testing with the victims. The research literature can provide information regarding the long term effects of certain trauma, and can also provide a basis for establishing a causal relationship in some cases.

Assessment of psychological factors involves many possibilities, according to the observed trauma, physical injuries identified, and the nature of the event that caused the injuries. For example, a police officer injured in the line of duty will probably experience different emotional factors than the victim of a drive-by shooting. Being attacked by an intruder in your home is almost always more psychologically traumatic than the same type of attack outside of your home, because you expect to be safer at home. Additionally, the complete life history of the victim can play a part in the development of psychological symptoms. An adult who was physically abused as a child will probably react more severely to an assault by a co-worker than someone who was never previously assaulted.

For these reasons, psychological assessment of the impact of trauma requires a thorough clinical interview detailing any significant events in a person's past, as well as a review of the events resulting in injuries. Psychological testing can evaluate depression, anxiety, pre-existing personality disorders, cognitive and memory deficits, psychological factors in chronic pain, and the presence of pathological psychological conditions. Additionally, there are some psychological instruments designed to assess possible malingering in certain situations. 

A psychological evaluation consists of a review of all pertinent information, resulting in the development of a professional opinion, within a reasonable degree of psychological certainty, regarding whether the individual presents with a psychological problem; whether that problem is causally related to a specific event or events; whether the injury is likely to be permanent; whether the injury will impact negatively on the individual's lifestyle, career, and family; and what treatment is necessary to remediate the psychological problems, including type of treatment, length of treatment, intensity of treatment, and prognosis for recovery 

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