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Civil Law and Personal Injury

  • Lenore E. A. Walker
  • David L. Shapiro
Chapter

Abstract

Forensic experts often perform psychological evaluations in various stages in civil personal injury cases. In these cases, the State has not brought criminal charges against an individual. Rather, an individual (or group), who is called the Plaintiff(s) files suit against another individual (or group) who is called the defendant(s) alleging that the defendant(s) breached some duty or obligation to him or her (them) and that, as a result of that breach of duty, some harm or injury has occurred. The plaintiff will file with the court ‘pleadings’ or a list of ‘causes of action’, which are allegations of what the defendant(s) did to (or failed to do for) the plaintiff. The defense will usually file motions trying to dismiss the claims based on both legal and substantative reasons. Sometimes the defense will file for ‘summary judgment’ to dismiss the lawsuit if it contends that there is no legal basis for the claim or claims. If summary judgment is not granted, then the long process of civil litigation begins.

Keywords

Mental Health Professional Expert Testimony Personal Injury Punitive Damage Forensic Expert 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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References

  1. Goldstein, A.M. (Ed.) (2003). Forensic psychology. Volume 11 in the Handbook of Psychology. New York: Wiley.Google Scholar
  2. Melton, G., Poythress, N., Petrila, J. & Slobogin, C. (1997). Psychological evaluations for the Courts: 2nd Edition. New York: Guilford.Google Scholar

Copyright information

© Springer Science+Business Media New York 2003

Authors and Affiliations

  • Lenore E. A. Walker
    • 1
  • David L. Shapiro
    • 1
  1. 1.Nova Southeastern UniversityFt. LauderdaleUSA

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