When the psychologist helps you win a lawsuit

The forensic psychologist is a collaborator of justice. When it comes to elucidating a case, the competent bodies will require extraordinary information from a public expert to shed some light on the decision to be taken.

For example, in cases where there has been abuse of any kind against a person, the The psychologist will provide a report stating the magnitude of the damage suffered the victim.

This will help the judge to impose compensation based on the damages that the accused has caused. Another very common case is when it is required to evaluate the danger of an individual for mental health reasons. The psychologist will write a detailed report in which the opinion on the degree of illness of the patient will be made manifest. As usual, The expert will be invited to the hearing to be questioned in the event that more details are required or both the prosecutor and the opposing party require it..

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In which cases is a psychological expertise required?

Two are usually the most frequent cases in which a judicial expertise is most required ex officio.

First, the psychosocial study in conflictive divorces, in which it is necessary to grant or withdraw the guardianship and custody of children to someone. An expert will make an appointment with the two parties and the children to conduct a series of interviews.

On the other hand, when it is necessary to evaluate the incapacity of a person, the forensic psychologist will fulfill the function of translate to the judge the effects of the pathology suffered by the user so that they have conclusive information in the litigation.

If you are involved in a divorce and have an appointment with a forensic expert, this is what you can expect from the evidence. First of all, it is necessary that you be clear that the psychosocial study does not intend to judge either of the two parties. Nor is it going to evaluate your mental health, far from it. Mind you, don't expect me to be as understanding as a therapy psychologist tends to be.

The role of the psychological expertise is to obtain as much information as possible from both parents in order to dictate clear conclusions about the abilities of both parties as parents. With the information transferred by the expert, the judge will order joint custody or grant it to one of the parents only. In extreme cases, in which the well-being of the minor is at risk, the judge will seek to find a foster family for them.

Our biggest advice is to be honest with the expert. It is very likely that the judicial file is in your possession, with which any type of misrepresentation or falsehood on your part can only harm you.

Our second best advice is that you go to the appointment calmly and be collaborative at all times. The expert is only a professional. Has nothing against you.

Lastly, check with your attorney to see if you can bring anything to the interview that is enlightening and the judge may not accept it as evidence. For example, a children's drawing, a recording or photos.

What will the psychosocial study consist of?

The psychologist will interview the parties separately and together. The interview could include another member of the family, such as the children's grandparents.

Keep in mind that the expert is neither on your side nor on the other side. The expert pursues the interest of the minors. They will perform psychometric tests that will help them understand what will favor them the most. Parents will not be present at the interview with the children.

After this, he will write a report that will go to the judge and the two litigating parties will obtain a copy.

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In case of disabilities, is it essential to hire a psychologist?

As we have indicated at the beginning, the judge will decide if he needs extra information to pass a sentence or not. When the magistrate deems it appropriate that an expert is not necessary, providing one on your own is not going to be of great help. What's more, you will spend money to have the report rejected as evidence at the hearing. You will end up throwing a report that you paid out of pocket in the trash.

Why is this happening? Well, the judge knows beforehand that he is a party specialist, not a public coroner. In other words, the magistrate will consider that, as he is a private doctor, his report could be biased or include defects. In disability trials, judicial expertise is not used by default because, as we have said, trials are simpler than custody trials. However, it can help in very complex cases in which the file does not reflect the complexity of the pathologies suffered by the user. There the psychologist can provide more exact details about the seriousness of the matter.

Before hiring anything, make a quick consultation with a psychologist you trust to see if the file has any errors because it does not reflect the reality of the user's pathologies.

On the other hand, if you are a lawyer, you should be aware that not all judges accept this evidence, even though the public report may be incomplete. Not all judges give the same importance to psychological expertise. This is also key before spending your money.

Concluding

In summary, the usefulness of hiring a psychological expertise will depend on a multitude of circumstances. Before proceeding to contract a private service of this nature, ask yourself the following questions: Is the public report clear enough? Are there nuances that are not registered and can be decisive for the resolution? Will the judge accept my allegations?

Arrived in this situation, the essential thing will not be only the report that the psychology professional can issue, but the fact that you come to the hearing and explain them first hand. This is particularly interesting, since both the judge and the public prosecutor will be able to ask them questions.

In conclusion: a good psychological expertise, hired at the right time and in pertinent causes, can take the chestnuts out of the fire in a tricky trial.