In personal injury litigation, the focus of a case often extends far beyond the initial diagnosis or visible injury. Courts are frequently required to understand how an injury has altered a person’s ability to live independently, work effectively, and participate in everyday life. It is within this space that occupational therapists play a vital role as expert witnesses, providing functional evidence that bridges clinical findings and real-world impact.
The Occupational Therapist as an Expert Witness
As expert witnesses, occupational therapists provide structured, evidence-based assessments of functional ability following injury. Their reports often address issues such as:
- Capacity for personal care, household tasks, and community access
- Cognitive and executive functioning in everyday contexts
- Fatigue, pain, and endurance over the course of a typical day
- Use of aids, adaptations, or support services
- Ability to return to work, education, or previous roles
- Future care, equipment, and rehabilitation needs
These assessments are grounded in direct observation, standardised functional measures, and contextual analysis of the individual’s environment. Importantly, occupational therapists distinguish between what someone may manage briefly under optimal conditions and what they can sustain consistently in daily life.
Objectivity, Independence, and Credibility
As with all expert witnesses, occupational therapists have an overriding duty to the court. Their evidence must remain impartial, clearly reasoned, and within the scope of their professional expertise. High-quality reports clearly separate observed facts from professional opinion, acknowledge limitations, and avoid advocacy for either party.
When delivered well, occupational therapy evidence offers courts a balanced and credible understanding of lived experience after injury.
Supporting Fair Outcomes
At Medico-Legal Healthcare, our occupational therapist expert witnesses provide clear, independent assessments of functional impact in personal injury claims. Working alongside other clinical experts where appropriate, they deliver court-compliant reports that focus on daily living, care needs, and real-world functioning. Through careful, person-centred evaluation, we support courts in reaching informed, proportionate, and fair decisions for individuals whose lives have been changed by injury.