Charleston Personal Injury Lawyers Discuss Defense Claims of Malingering in Cases Involving Mental and Emotional Injuries

Personal injury cases involving mental and emotional damages are typically more difficult to prove than cases limited to physical injuries. Evidence is much more difficult to deny when, for example, an x-ray shows a broken bone, than if you claim a psychological injury resulted from the defendant’s negligent conduct.

Basic Considerations

Malingering may be defined as fabricating or exaggerating the symptoms of an injury for the purpose of gain. In a personal injury case, the gain would be a higher settlement award. Although mental injuries are more difficult to prove, there are established ways for your lawyer to present your case.

Credibility

The best evidence comes from you, the plaintiff. If you are a credible witness and have acted consistently and professionally throughout the case, you become instantly more believable.

Psychological Testing

Although innately subjective, certain psychological tests can be more subjective than others. Your lawyer will retain expert witnesses who can explain how certain tests are designed to establish truth/false scales to reduce the possibility of malingering and to demonstrate the test taker is not faking the test results.

Witness Testimony

Although your friends and family may be viewed suspiciously as wanting to provide testimony supporting your claim, their revelations concerning your before and after behavior can add significant value to your case. The more people who can testify to the difference they have observed in you, the less likely it will be that you are artificially creating symptoms that do not exist.

Contact Charleston Personal Injury Lawyers for Legal Advice

Anticipating and planning a strategy to overcome likely defense tactics are essential in achieving a positive result. To maximize the award in your case, call McCarthy, Rowden & Baker, a Charleston personal injury lawyer group, at (800) 373-60050.