If you are filing a civil lawsuit against your former employer, the defense attorney might request that you undergo a mental health examination. You should be aware that they might be using this tactic in order to find out private information that they should not legally be able to access. They may also be trying to intimidate you into settling out of court for a very low amount or even dropping the lawsuit. Our Ft. Lauderdale employment attorney can offer professional counsel about how to handle either of these situations as they defend your right to privacy.
Attorney Explains the Proper use of a Mental Examination
The courts will order a mental examination only with a legitimate reason or if your mental health is “in controversy.” However, the defense lawyer and your Ft. Lauderdale employment attorney may agree that submitting to a mental exam is in the best interests of both parties. In some jurisdictions, the courts have granted significant leeway when it comes to interpreting “in controversy” so that even daily emotional stress could warrant a mental exam. Your Ft. Lauderdale employment attorney can elaborate on how this might apply in your case.
Your Fort Lauderdale Employment Attorney Addresses The Balancing Test
On the other hand, the balancing test places stricter requirements on proving true mental distress. These include a specific psychiatric ailment, severe emotional upheaval, reason for true emotional distress, expert testimony to back the claim of emotional distress or an agreement that you meet the conditions for “in controversy.” Talk to your Ft. Lauderdale employment attorney about how the courts determine if you meet the balancing test and ways to plan a specific case strategy. Some courts have ruled that the person cannot base their claim on past mental struggles but must be suffering from continued mental challenges. Your Ft. Lauderdale employment lawyer might be able to help prove that you no longer suffer from any mental issues.
If you are concerned about the possibility of a defense mental examination, talk with an experienced Ft. Lauderdale employment lawyer. Mark J. Berkowitz P.A. can explain the law in your jurisdiction and review your legal options. Call (954) 527-0570 today to learn more.