A Seismic Shift for Bodily Injury Claims

A California Court of Appeal decision in April could change the landscape for those defending bodily injury claims, potentially preventing defendants from obtaining the mental examinations that they are entitled to as a matter of law.

In Randy’s Trucking, Inc. v. The Superior Court, the court addressed whether an examined party can demand that raw test data and other confidential materials be sent directly to the party’s attorney rather than to a licensed neuro-psychologist or equivalent professional.

The decision has major implications for the defense community, as most neuro/psych experts refuse to participate in exams if forced to disclose test information to non-experts due to ethical and copyright concerns.