The Role of the Psychiatric Expert In Tort Litigation

Abstract

The paper analyses the evidentiary function of psychiatric expertise in tort proceedings, emphasizing its significance within Slovenian contractual and non-contractual liability regimes. Psychiatric experts are essential in establishing causation and assessing the extent of non-pecuniary damage, thereby shaping judicial determinations of fault and compensation. Effective adjudication requires reciprocal legal-medical literacy: judges should understand the basics of psychiatric evaluation, while experts must grasp fundamental tort and procedural principles. The study highlights the need for unified psychiatric assessment criteria consistent with established jurisprudential standards to enhance legal certainty, coherence, and fairness in the quantification of damages within tort law. Such harmonisation would strengthen the consistency and predictability of judicial practice.