Assessing Malingering in Civil Cases: Tools and Indicators of Symptom Exaggeration

Detecting malingering in civil cases

What is Symptom Exaggeration? 

Symptom exaggeration is the intentional or unintentional over-reporting of genuine physical or psychological symptoms (Ebrahim et al., 2015; Sreenivasan et al., 2003). It may also be motivated by secondary gain or influenced by underlying factors such as personality traits or cultural differences. 

What is Malingering?

The American Psychiatric Association (2022) defines malingering as deliberately fabricating or significantly exaggerating physical or psychological symptoms in order to gain external incentives. Common incentives for malingering in civil cases include financial gain, access to services and accommodations, or obtaining prescription medication (Sherman et al., 2020).

What is the Difference Between Symptom Exaggeration and Malingering?

Symptom exaggeration

Symptom exaggeration and malingering are similar terms that are used interchangeably in research and clinical practice due to challenges associated with determining intent. However, symptom exaggeration is a broader term and may be intentional or unintentional, while on the other hand malingering is defined by the intent to gain external incentives (American Psychiatric Association, 2022; Ebrahim et al., 2015; Sreenivasan et al., 2003).

Reasons for Symptom Exaggeration

There are numerous reasons for an individual to exaggerate their symptoms such as:

  • Financial gain or compensation from disability benefits or lawsuits
  • Access to services or accommodations (community, academic, work)
  • Avoiding undesirable outcomes or fulfilling daily responsibilities in legal, work, home, military service, or school settings
  • Adaptive response to avoid undesirable situations (e.g. abusive situation)
  • “Cry for help” when individuals feel they may not be believed
  • Personality-related reactions to injury (e.g. histrionic overreaction
  • “Symptom expectancy bias” a familiarity with symptoms of medical or mental condition

Prevalence of Symptom Exaggeration

Prevalence o symptom exaggeration

A recent study reported a prevalence of 17% to 67% of individuals with a possible external incentive exhibited signs of symptom exaggeration (Darzi et al., 2025). Researchers also found symptom exaggeration may occur more frequently in women than men. Reasons for this are still uncertain, but studies have suggested it may be due to women also experiencing more intense and more frequent somatic symptoms. Additionally, a survey of United States board-certified neuropsychologists found approximately 29% of personal injury and 30% of disability and worker’s compensation cases involved probable malingering and symptom exaggeration (Mittenberg et al., 2002). 

How A Forensic Psychologist Assesses for Symptom Exaggeration

How to assess symptom exaggeration
  • Structured Clinical Interviews allows the clinician to assess and observe symptoms for possible consistencies or inconsistencies and discrepancies, and to identify possible external incentives
  • Performance Validity Tests (PVT) assess whether an individual’s performance on cognitive tests is genuine and effortful or invalid (exaggerated underperformance)
    • Test of Memory Malingering (TOMM)
    • Word Memory Test (WMT)
    • b Test
    • Victoria Symptom Validity Test
    • Dot Counting Test
    • Medical Symptom Validity Test (MSVT)
  • Symptom Validity Tests (SVT) assess if an individual’s self-reported symptoms are accurate and believable or distorted (over-reported, implausible, inconsistent, under-reported)
    • Minnesota Multiphasic Personality Inventory-2 (MMPI-3) and Minnesota Multiphasic Personality Inventory-2 Restructured Form (MMPI-2-RF)
    • Structured Inventory of Malingered Symptomatology (SIMS)
    • Structured Interview of Reported Symptoms (SIRS-2)
    • Personality Assessment Inventory (PAI)
  • Congruence between self-reported symptoms, observed behavior and testing data compare results to identify any discrepancies in data
  • Review of medical records and other relevant histories assesses all aspects of a person’s medical history and life history to consider any relevant aspects
  • Rule out other possible explanations for symptom exaggeration Symptom exaggeration may be unintentional and therefore be due to genuine underlying medical or psychological conditions such as depression/anxiety, cultural factors, personality disorders, somatic disorders, ior substance abuse. 

Commonly Exaggerated Symptoms in Civil Contexts

  • Cognitive Symptoms: memory problems, poor attention and concentration, confusion, difficulty with decision-making, disorientation
  • Somatic Symptoms: pain, fatigue, dizziness, numbness or tingling, weakness, sensory (vision or hearing disturbances), gastrointestinal complaints
  • Emotional/Psychiatric Symptoms: depression, anxiety, irritability, mood swings, post-traumatic stress disorder symptoms

Commonly Malingered Disorders 

Individuals who engage in malingering or symptom exaggeration commonly report symptoms that may be consistent with or mimic Post-traumatic stress disorder (PTSD), attention-deficit hyperactivity disorder (ADHD), somatic symptom disorders, depression, personality disorders, and psychosis (Tracy & Rix, 2017; Zucco & Sartori, 2023). Common detection methods focus on individuals reporting rare or unusual symptoms that are possible of extreme severity. 

Somatic Symptom Disorders vs. Malingering

Differential Diagnosis Challenges

Somatic symptom disorders vs. malingering

One of the most complex challenges in forensic assessment is distinguishing between genuine somatic symptom disorders and malingering. Both may present with similar clinical pictures, but they differ fundamentally in etiology, intent, and appropriate treatment approaches.

Somatic Symptom Disorder (SSD) 

Somatic symptom disorder (SSD) is classified in the DSM-5-TR as experiencing somatic symptoms, most commonly pain, that are distressing and may significantly disrupt one’s daily life (American Psychiatric Association, 2022). The individual tends to have excessive thoughts, feelings or behaviors and feel extreme levels of worry about their symptoms. The difference between SSD and malingering is the intent, as those diagnosed with SSD genuinely suffer from the symptoms that they report.

Crucially, individuals with SSD genuinely experience their reported symptoms and associated distress. Their preoccupation with symptoms is not intentionally produced for external gain, though their perception and interpretation of bodily sensations may be amplified by psychological factors.

Functional Neurological Symptom Disorder (FND) 

Functional neurological symptom disorder (FND) is also listed in the DSM-5-TR and is defined as having one or more motor, sensory, and speech symptoms that are not explained by a recognized neurological disease (American Psychiatric Association, 2022). The difference between FND and malingering is similar to SSD, as those diagnosed with FND genuinely experience their reported symptoms.

Like SSD, individuals with FND genuinely experience their symptoms. The neurological manifestations (such as paralysis, seizures, or blindness) are not under voluntary control, despite lacking structural neurological damage that would explain them.

Key Distinctions from Malingering 

The critical difference between these disorders and malingering lies in intentionality. While individuals with somatic symptom disorders genuinely experience and suffer from their symptoms, those who malinger consciously fabricate or exaggerate symptoms for external gain. 

Best Practices and Conclusions 

The detection of symptom exaggeration and malingering in civil litigation contexts represents one of the most challenging aspects of forensic psychological assessment. It requires specialized knowledge, comprehensive assessment techniques, and careful clinical judgment to distinguish between genuine symptoms, unconscious amplification, and deliberate fabrication.

While prevalence rates suggest that symptom exaggeration is not uncommon in civil cases, evaluators must remain vigilant against potential biases that could lead to over-identification of malingering. The consequences of false positive identifications can be severe, potentially depriving individuals with legitimate conditions of needed compensation or treatment.

By adhering to empirically supported assessment methods, maintaining appropriate clinical skepticism, and thoroughly documenting evidence, forensic evaluators can provide courts with reliable opinions that serve the interests of justice while respecting the complexity of human suffering and motivation.

Why Hire Vorwerk Forensic Psychology?

At Vorwerk Forensic Psychology, we specialize in nuanced, evidence-based evaluations that distinguish genuine psychological suffering from symptom exaggeration or malingering. Our team is trained in the latest performance and symptom validity assessment tools and understands the complexities of civil litigation, including personal injury, disability, and workers’ compensation claims. We approach each case with a trauma-informed lens, recognizing the connection between mental health, motivation, and behavior. Our comprehensive evaluations integrate structured interviews, psychometric testing, behavioral observation, and records review to produce clear, defensible opinions grounded in current research. Whether addressing suspected malingering or clarifying complex diagnostic presentations such as somatic symptom disorders or PTSD, we are committed to delivering objective, ethically sound assessments that assist the court in reaching informed and just conclusions. When accuracy matters, trust Vorwerk Forensic Psychology to bring clarity and credibility to your case.

References

American Psychiatric Association. (2022). Diagnostic and statistical manual of mental disorders (5th-TR). American Psychiatric Association. 

Darzi, A. J., Wang, L., Riva, J. J., Morsi, R. Z., Charide, R., Couban, R. J., Karam, S. G., Kian Torabiardakani, Lok, A., Ebrahim, S., Bance, S., Kunz, R., Guyatt, G. H., & Busse, J. W. (2025). Prevalence of symptom exaggeration among North American independent medical evaluation examinees: A systematic review of observational studies. PLoS ONE, 20(6), e0324684–e0324684. https://doi.org/10.1371/journal.pone.0324684 

Ebrahim, S., Bance, S., Mulla, S. M., Montoya, L., Malachowski, C., Kamal el Din, M., & Busse, J. W. (2015). Measures of Symptom Exaggeration for Mental Health Disorders: A Systematic Review. Journal of Insurance Medicine, 45(2), 103–109. https://doi.org/10.17849/insm-45-02-103-109.1 

Mittenberg, W., Patton, C., Canyock, E. M., & Condit, D. C. (2002). Base Rates of Malingering and Symptom Exaggeration. Journal of Clinical and Experimental Neuropsychology, 24(8), 1094–1102. https://doi.org/10.1076/jcen.24.8.1094.8379 

Sherman, E. M. S., Slick, D. J., & Iverson, G. L. (2020). Multidimensional Malingering Criteria for Neuropsychological Assessment: A 20-Year Update of the Malingered Neuropsychological Dysfunction Criteria. Archives of Clinical Neuropsychology, 35. https://doi.org/10.1093/arclin/acaa019 

Sreenivasan, S., Eth, S., Kirkish, P., & Garrick, T. (2003). A Practical Method for the Evaluation of Symptom Exaggeration in Minor Head Trauma Among Civil Litigants. The Journal of the American Academy of Psychiatry and the Law, 31(2), 220–231.

Tracy, D. K., & Rix, K. J. B. (2017). Malingering mental disorders: Clinical assessment. BJPsych Advances, 23(1), 27–35. https://doi.org/10.1192/apt.bp.116.015958 

Zucco, G. M., & Sartori, G. (2023). Sensory and Cognitive Malingering: Studies and Tests. Sci, 5(3), 27–27. https://doi.org/10.3390/sci5030027

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