INVISIBLE INJURIES v. THE FAKE BAD SCALE (Part 2 of 2)
When it comes to the Fake Bad Scale (FBS), or the Minnesota Multiphasic Personality Inventory in general, one can almost always conclude that the administration and reporting of the results of these tests by defense expert witnesses will be biased. As a result, if a judge permits a defense attorney to present the biased results of such tests, the injured person's attorney must engage in careful and skillful cross-examination to impeach the results at trial. Additionally, like in Amadio v. Glenn, discussed in Part 1 of this blog, plaintiff's attorneys should have the plaintiff evaluated by a qualified expert as well. That expert should be prepared to testify about the extent and severity of the invisible injury at trial and to explain and refute the results of the FBS.
Over the course of his career, Jeffrey J. Kroll has lectured to expert witnesses regarding issues that arise while testifying in court, especially how expert witnesses should incorporate the use of demonstrative evidence into their testimony to persuade a judge and jury. As Chicago brain injury attorneys, our team understands the sequelae of invisible injuries, like traumatic brain injuries, and have experience maximizing recovery for injured individual. Often, this requires working closely with expert witnesses who assist in explaining to the jury the short- and long-term disabilities that may result from invisible injuries.
