Psychological Injuries in Personal Injury Claims: Navigating Litigation Complexities

In contrast to typical physical injuries such as broken arms or herniated discs, psychological injuries vary significantly from one plaintiff to another. The strength or the weakness of a particular psychological injury case usually depends on the credibility of the plaintiff.

Psychological injury cases are "shifting sand" cases. As information develops and litigation proceeds, the theories of the case shift. Because of this, psychological injury cases are among the most costly to litigate, with thousands of pages of discovery documents.

When it comes to valuing or settling a case involving psychological injury, insurance adjusters apply a much higher level of scrutiny. Negotiations require the sophisticated collection and presentation of evidence. If a case progresses to trial, counsel must know how to leverage expert and lay witnesses to present their strongest arguments and illustrate the impact of a psychological injury.

Listen as our distinguished panel provides guidance on how to navigate the complexities of a case where a plaintiff alleges a superadded psychological injury. Our panel will discuss how to develop a case strategy--from collecting medical evidence to valuing the case for settlement.

1. Overview of commonly alleged psychological injuries
2. Discussion of experts and evidence needed to combat alleged psychological injuries
3. Analysis of damages calculations for psychological injury
4. Best practices for valuing cases for settlement

The panel will review these and other relevant topics:

• What are some of the most commonly alleged psychological injuries in personal injury cases?
• What types of specific evidence is needed to combat a claim of psychological injury?
• How do courts assess damages for psychological injuries?
• What are the most reliable ways to value a case where a superadded psychological injury is alleged?