Neuro-psychology Assessments and Personal Injury Cases

Neuropsychologists play a crucial role in brain injury litigation within personal injury cases, providing a comprehensive perspective. At Neuroinsight Neuropsychology, we prioritize utilising the latest and most reliable neuropsychological tests, conducting detailed report reviews, and thorough interviews to assess the impact of injuries on cognition, personality, and emotions.

Our expertise in neuropsychological syndromes allows us to form professional opinions by integrating background information, test data, and clinical observations. Here are five key ways our expert opinions can contribute to personal injury matters.

1) The nature and extent of cognitive impairment

Neuropsychologists assess the nature and extent of impairments in cognition, emotion and behaviour. By quantifying the severity of impairment neuropsychologists provide evidence of how an injury affects the claimant’s ability to perform daily activities, work, and engage in social interactions. This assessment helps determine the injury’s impact on the claimant’s quality of life and potential need for support or accommodations.

2) Whether claimants’ neuropsychological impairment is caused by a specific injury event

In litigation, subjective reports of symptoms such as memory loss, difficulty concentrating, or personality changes will be questioned by the opposing party. Neuropsychological testing offers objective data that can assist in establishing the cause and extent of the problems. The neuropsychologist’s objective assessments can differentiate between symptoms caused by the brain injury and those arising from other factors, such as pre-existing conditions or psychological stress. This helps establish a clear link between the injury and the cognitive deficits being claimed.

3) An estimate of recovery and prognosis

Neuropsychological data can provide a useful basis for determining prognosis. The estimated level of cognitive function pre-existing the injury can be compared with the current performance. If there is a significant change, then depending on the time since the injury and the type and severity of the injury, it may be possible to suggest that there has been a plateau or degenerating situation.

4) Profile of Strengths and Weaknesses

Neuropsychologists create a detailed profile of the claimant’s cognitive strengths and weaknesses, identifying which functions are intact and which are impaired. They then compare this profile to what is known about the claimant’s cognitive function before the injury and the nature of the injury. This profile helps in understanding how the injury affects daily functioning and informs rehabilitation strategies.

5) An opinion regarding decision-making capacity

Neuropsychologists assess the claimant’s ability to make informed decisions about personal, lifestyle, financial or legal matters. This opinion is based not only on performance on tests but also on an interview with the claimant and other sources of information. Determining capacity can influence decisions about appointing a legal guardian, creating a trust, or awarding compensation to ensure the claimant's future care and wellbeing.