A plaintiff's attorney may wonder if the client's reported emotional disorder is genuine and, therefore, if the case has merit, especially if there are no other damages such as physical injuries. An attorney for a defendant may also wonder if the plaintiff's emotional damages are real since one responsibility of counsel for the defendant is to identify claims that are without merit. Questions about the credibility of emotional distress damages have been asked of me many times, by plaintiff's and defendant's counsel, when I have testified as an expert in personal injury trials.
Some studies show that faking of psychological symptoms is quite rare.
Some instances of apparent malingering may actually be caused by genuine psychological problems. In an empirical study, they found significant correlations between measures of personality disorders and indicators of malingering. These results were interpreted to mean that some indicators of malingering might actually be effects of mental illness. Identification of chronic mental problems can be useful also because pre-trauma mental conditions can increase vulnerability to the effects of traumatic events. In particular, the MMPI's validity scales F and K have been studied for this purpose.