top of page

TBI / COGNITIVE-COMMUNICATION FORENSIC 

Objective analysis of how traumatic brain injury affects communication, memory, reliability, and legal participation.

Serving AZ • CA • CO • FL • NM • PA • WA • VA

Traumatic brain injury (TBI) can significantly change a person’s:

  • Memory

  • Attention

  • Language

  • Processing speed

  • Problem solving

  • Judgment

  • Impulse control

  • Stress tolerance

  • Storytelling/narrative ability​​​​

These factors directly affect:

  • Statements made to police

  • Miranda comprehension

  • Confession reliability

  • Ability to follow interviews

  • Witness testimony

  • Consent & decision-making

  • Courtroom participation

A forensic SLP evaluates these communication-based impacts objectively and scientifically.​​

What a TBI Forensic Evaluation Includes

1. Cognitive-Communication Testing

Assesses:

  • Immediate & delayed memory

  • Executive function

  • Verbal reasoning

  • Attention

  • Auditory comprehension

  • Language production

  • Problem solving

  • Comprehension of complex questions

  • Ability to express details clearly

​

2. Statement & Interview Reliability Analysis

A forensic SLP examines:

  • Consistency of responses

  • Gaps explained by memory deficits

  • Language indicating confusion

  • Long processing delays

  • Reliance on yes/no responses

  • Signs of coercion due to cognitive fatigue

  • Difficulty recalling or sequencing events

This helps determine whether inconsistencies are neurologically expected, not deceptive.

​

3. Impact of TBI Symptoms on Legal Behavior

TBI symptoms often mistaken for defiance or deception:

  • Slow response = processing delay

  • “I don’t know” = memory retrieval failure

  • Inconsistent details = cognitive fatigue

  • Flat affect = TBI emotional dampening

  • Confusion = neurologically expected

A forensic SLP contextualizes these behaviors clinically.

4. Competency & Participation Analysis

Determines whether the individual can:

  • Understand legal rights

  • Process attorney communication

  • Participate meaningfully in interviews

  • Track questioning

  • Express concerns

  • Provide accurate information

​

5. Review of Medical Records

Including:

  • Imaging

  • Neurology reports

  • ER notes

  • Cognitive evaluations

  • Therapy records

  • Behavioral reports

​

6. Expert Testimony

Clear explanations for:

  • Whether TBI symptoms contributed to unreliable statements

  • If the individual understood their rights

  • How cognitive-communication deficits impacted interviews

  • Functional abilities at the time of statements or legal events

Check out my Traumatic Brain Injury (TBI) Communication Red Flags Checklist for Attorneys

A forensic speech-language pathology resource for identifying communication impairments that affect comprehension, testimony, and legal decision-making.

Why Attorneys Hire a Forensic SLP for TBI Cases

​

Because a forensic SLP can answer:

👉 Are the person’s statements reliable?
👉 Did TBI impact their comprehension?
👉 Could they understand and waive Miranda rights?
👉 Are inconsistencies neurologically explained?
👉 Can they meaningfully participate in court?

These are communication questions — and

SLPs are the only experts who evaluate this domain comprehensively.

Common Legal Scenarios Involving TBI

  • Inconsistent or contradictory statements

  • “Odd” or flat affect

  • Difficulty explaining events

  • Memory gaps

  • Failure to ask clarifying questions

  • Misinterpreting police instructions

  • Signing documents without understanding

  • Appearing compliant or confused

  • Vulnerability to coercive questioning​​​

Schedule a Forensic TBI Evaluation​​

​

Objective, evidence-based communication analysis for legal cases.

📩 ejtcommunicationconsultant@gmail.com
🌐 www.ejtcommconsult.com

bottom of page