Neuropsychological Assessment in Personal Injury Cases
Expert testimony plays a crucial role in personal injury cases for various reasons. When an individual is injured in an accident due to someone else's negligence, the injured party may file a personal injury case seeking compensation for resulting losses. Expert testimony is often relied upon during the legal proceedings to help establish key elements of the case. Expert witness testimony provides the court with specialized knowledge that may not be readily apparent. The strength of expert testimony may make all the difference in the outcome of a case, particularly those involving traumatic brain injuries (TBIs).What is a Neuropsychologist?
A neuropsychologist is someone who investigates the structure and function of the brain in connection with specific behaviors and psychological processes. This field is a specialized branch within psychology, encompassing clinical and experimental fields. These professionals aim to evaluate, comprehend, examine, and address behaviors linked directly to the functioning of the brain. The field of neuropsychology is continually advancing, with extensive research aimed at establishing links between test results and suitable treatment approaches.
Most neuropsychologists work in research, such as universities, research institutions, and laboratories. Others practice in clinical settings, engaging in the assessment and treatment of individuals with neuropsychological disorders. Some neuropsychologists work in forensic or industrial settings as consultants. Few others work in the pharmaceutical sector, particularly in roles where they may assess investigational drugs for neuropsychological disorders in clinical trials.What Are Neuropsychological Assessments?
Neuropsychological assessments, also referred to as NPEs or neuropsychological evaluations, are performed by neuropsychologists. This professional can examine the individual’s behavioral, cognitive, and motor skills in addition to linguistic skills and executive functioning. This evaluation will determine if an individual is suffering from a cognitive deficit or other neuropsychological disorder affecting brain function. The neuropsychologist will use this information to devise an effective treatment strategy for rehabilitation.
The concept behind the NPE is to quantitatively measure an individual’s cognitive and behavioral capacities. This data can be compared with individuals of similar gender, age, race, and socioeconomic status. It encompasses assessments of language proficiency, problem-solving abilities, personality, intelligence, cognition, attention, and memory as well as perceptual and motor skills. The evaluation also includes an assessment of learning abilities and academic skills. The NPE offers substantial insights into an individual's psychological functioning, surpassing what an imaging test can provide.
A qualified neuropsychologist is required to interpret the neuropsychological evaluation, integrating it with premorbid/postmorbid associated reports, physical examinations, and clinical reports. Each test within the evaluation has its own set of strengths and weaknesses that are specific, sensitive, reliable, and valid to the individual. The utilization of the NPE is on the rise from advances in neuropsychological testing tools and technology, growing awareness, clinical studies, targeted and personalized approaches to neuropsychological disorders, and civil cases.Indications for Referral to a Neuropsychologist
Individuals with the following conditions may be suitable candidates for a referral to a neuropsychologist:
- Head trauma
- Cerebral palsy
- Substance abuse
- Seizure disorders
- Parkinson’s disease
- Psychiatric disorders
- Prenatal drug exposure
- Neurodegenerative disorders
- Developmental milestone delays
- Attention disorders and learning disabilities
- Exposure to toxins, heavy metals, or chemicals
The results of the NPE can help determine appropriate treatment plans, rehabilitation strategies, and functional impairment in civil cases.The Role of Neuropsychological Assessments in TBI Cases
Individuals who have suffered head trauma or TBIs, such as from motor vehicle collisions or those with early-stage dementia, are suitable candidates for neuropsychological assessments conducted by these professionals. These injuries may be hidden, but the right attorney can use their resources to work with experts to bring them to light. Personal injury lawyers often work with experts in long-term care planning, vocational rehabilitation experts, rehabilitative care experts, and neuropsychologists to demonstrate how their clients have been affected by accidents and traumatic brain injuries.
To gain a deeper understanding of an individual’s history and conditions, the neuropsychologist will ask questions during the evaluation. This includes the individual’s diagnosis, symptoms, treatment, medications, side effects experienced from medications, family medical history, past medical history, work history, educational background, personal relationships, and challenges experienced while performing work. A neuropsychologist must be provided with accurate, detailed, and comprehensive responses to have a better understanding of an individual’s background and conditions.
To present compelling expert testimony from a neuropsychologist, it is essential for the plaintiff’s counsel to be well-versed in the anatomy and function of the brain. This includes how the brain can sustain injuries, neuropsychological assessments of TBIs, and the expected long-term effects of a TBI on the plaintiff’s ability to engage in activities of daily living. Testimony from a neuropsychologist for the existence of a TBI or another type of head injury is usually accepted in most jurisdictions. However, the ability of a neuropsychologist to testify on causation is not as frequently accepted.How Our Law Firm Can Help With a TBI Case
Our legal team at AutoAccident.com is well-versed in California personal injury law and has extensive experience handling accident cases, including those involving TBIs and other types of head trauma. We have the expertise, knowledge, and resources to overcome the issues that may arise in a personal injury case involving a TBI. When you work with our attorneys, we can help with the following:
- Provide clients with regular updates on personal injury cases as they occur
- Work with a team of experts in the field to uncover evidence on how the incident and injury occurred
- Present evidence supporting the case to the opposing party and negotiate a mutual settlement agreement
- When a mutual agreement is not reached, we will not settle for less than what our client deserves. We will take the case to court to prove to a jury what occurred and why our client deserves full financial recovery for their injuries and losses
Since 1982, our legal team at AutoAccident.com has obtained successful results in personal injury cases on behalf of our clients, including those who sustained TBIs and other forms of head trauma. If you need free, friendly case advice, do not hesitate to contact our law firm to schedule a meeting with one of our experienced and knowledgeable California personal injury lawyers. We are available to discuss how we can provide the assistance you and your family need following an accident. Call (916) 921-6400 or (800) 404-5400 to schedule your free case review today.Photo Source: By “AnnaShvets” on Pexels.com :ds [cs 1078]