Personal Injury

Issues in assessing competence and decision-making capacity in legal contexts.

“…At some level, attorneys and judges recognize this insofar as they look to the law for definitions of both criminal and civil competencies. However, attorneys and judges often solicit opinions from examining mental health professionals on what are ultimately legal issues, in both criminal and civil proceedings (e.g., Bow & Quinnell, 2001; Morse, 1982; Peterson, 2015; Pirelli, 2022; Poythress, 1982; Putney et al, 2022; Redding et al, 2001). Questions such as “Doctor, is the defendant competent or incompetent to stand trial” or “Is the patient capable or incapable of managing his finances?” are explicit requests that the psychologist offer an opinion about what is ultimately a legal issue.…”

A Teaching Note on Strict Liability in Tort

“…Non-economic loss damages include compensation for emotional suffering (Hunter & Amoroso, 2011), physical suffering, and other losses that are often difficult to quantify. Non-economic damages may also include damages for loss of consortium (also called "loss of society") which may be awarded in a situation where the injuries a plaintiff suffered has had a negative impact on a marriage or on the relationship between a wife or husband (Pirelli & DeMarco, 2022).…”