ABSTRACT
Personal injury lawsuits are handled in the civil law arena and can involve either an intentional or nonintentional tort by a defendant. In establishing whether a tort has occurred, four elements must be determined: duty, breach of duty, proximate cause, and damage. A forensic psychological examiner may be asked to conduct an evaluation to assess for psychological injury when a plaintiff alleges the presence of mental health problems resulting from the tort. While general principles of forensic mental health assessment (FMHA) apply in these evaluations, there are several additional considerations for conducting FMHAs in personal injury cases. For instance, Goodman-Delahunty and Foote (2011) developed a five-stage model to use when assessing for the presence of psychological injuries. Further considerations include the use of particular assessment instruments, assessing response style, and the utility of diagnostic labels.
