Referring a Survivor for an Assessment: A Practical Guide for Legal Professionals

When navigating complex legal processes - including personal injury, employment, or human rights cases - the mental and emotional well-being of the individuals involved is often deeply impacted. In many of these cases, a trauma-informed medical assessment can play a critical role in supporting both the survivor and the legal strategy.

This guide is designed to help legal professionals understand when to refer a survivor for an assessment, how to do so in a way that minimizes harm, and what to expect when partnering with MindSense’s expert team.

When to Consider a Trauma-Informed Medical Assessment

If a legal professional has a client who has experienced sexual violence, emotional abuse, or any form of trauma with lasting impacts, a trauma-informed medical assessment can be a crucial step in building a strong, evidence-supported case.

Consider requesting a trauma-informed assessment when:

• The survivor is experiencing ongoing mental health symptoms, such as anxiety, PTSD, depression, or dissociation.
  
  
• The impact of the trauma is central to the claim, including non-pecuniary damages for emotional suffering or future care costs.
  
  
• Credibility may be questioned, and a professional opinion can help explain trauma responses like emotional detachment, inconsistent memory, or delayed disclosure.
  
  
• You need support in articulating the extent of harm, especially when the trauma affects relationships, employment, or daily functioning.
  
  
• There are complex intersectional factors at play, such as prior trauma, neurodivergence, or cultural barriers that may affect how trauma is experienced and expressed.
  
  

At MindSense, we work closely with legal teams to ensure assessments are delivered with sensitivity, clarity, and clinical rigour. Our experts are trained in understanding trauma and its legal relevance, helping survivors feel seen - and helping courts make fair, informed decisions.

Why Refer to MindSense?

Traditional medical assessments can sometimes feel clinical, transactional, or even retraumatizing - especially for individuals navigating legal systems where power imbalances and institutional barriers may already be present.

At MindSense, we take a trauma-informed, survivor-centred approach to every assessment. This means:

• Safety is prioritized at every stage - from intake through follow-up
  
  
• Survivors are treated with dignity, not as subjects of a report
  
  
• Experts are trained in trauma-aware practices and cultural humility
  
  
• The process is transparent, with survivors always knowing what to expect
  
  

By embedding trauma-informed care into every part of our work, we help ensure the assessment process is not only clinically rigorous, but also ethically sound and emotionally safe.

Preparing a Survivor for Referral: Tips for Legal Professionals

How a survivor is introduced to the idea of a medical assessment can significantly influence how they experience it. Here’s how to approach it with care and clarity:

• Use Empowering Language

Let the survivor know the assessment is not something being done to them, but for them. Emphasize that this is their opportunity to be heard, validated, and understood in a professional and supportive environment.

“This isn’t about questioning your experience - it’s about making sure your story is fully and fairly represented by someone who understands trauma.”

• Be Transparent

Explain the purpose of the assessment, how it fits into the legal process, and what they can expect. If possible, provide information about MindSense’s trauma-informed approach to help reduce anxiety or fear.

• Respect Timing and Readiness

Some survivors may need time before they feel comfortable proceeding with an assessment. If a survivor hesitates, explore their concerns and reassure them that their emotional safety will be respected at every step. MindSense will work with legal teams to ensure survivors have access to experts when they are ready and where they are most comfortable. 

• Offer Support Options

Let the survivor know they can bring a trusted support person to the appointment, and that they can ask questions or pause at any time during the process.

Download our Guide on ‘What To Expect at Your MindSense Assessment’ here for practical information.

What to Expect from the MindSense Process

Once a referral is made, here’s what happens:

1. Initial Intake and Context
   

   Our intake team gathers background information from the referring party and ensures we have a clear understanding of the legal context and the survivor’s unique circumstances.

2. Matching with the Right Expert
   

   We match the survivor with an expert trained not only in clinical assessment but in trauma-informed interviewing, cultural responsiveness, and ethical reporting.
   
   

3. Pre-Assessment Communication

   The survivor receives information about what to expect, their rights during the process, and who they will be meeting. This helps reduce uncertainty and foster a sense of control.
   
   

4. The Assessment
   

   The expert conducts a comprehensive, respectful medical assessment in a setting that prioritizes safety and emotional well-being. Survivors are never rushed, judged, or pressured to share more than they’re ready to.
   
   

5. Reporting and Follow-up
   

   The final report is written in clear, accessible language, tailored to meet the needs of the legal context, while maintaining clinical integrity. Our team remains available for clarification or follow-up as needed.

Our Commitment to Survivors - and Their Legal Advocates

Legal professionals play a critical role in facilitating assessments that are clinically sound, respectful, and trauma-informed. Whether you are representing a plaintiff or a defendant, MindSense works collaboratively with you to ensure each referral supports the integrity of your case and the psychological safety of the person being assessed.

Refer With Confidence

If you’re working with a survivor who may benefit from a trauma-informed medical assessment, MindSense is here to help.

Contact our team today to discuss a referral or learn more about how we can support you and the people you serve - with compassion, clinical precision, and care that puts survivors first.