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  • Are people who claim compensation “cured by a verdict”? A longitudinal study of health outcomes with whiplash

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    Author(s)
    Spearing, Natalie
    Gyrd-Hansen, Dorte
    Pobereskin, Louis
    Rowell, David
    Connelly, Luke
    Griffith University Author(s)
    Rowell, David
    Year published
    2012
    Metadata
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    Abstract
    This study examines whether the lure of injury compensation prompts whiplash claimants to overstate their symptoms. Claim settlement is the intervention of interest, as it represents the point at which there is no further incentive to exaggerate symptoms, and neck pain at 24 months is the outcome of interest. Longitudinal data on neck pain scores and timing of claim settlement were regressed, controlling for the effect of time on recovery, to compare outcomes in claimants who had and had not settled their compensation claims. The results show clearly that removing the financial incentive to over-report symptoms has ...
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    This study examines whether the lure of injury compensation prompts whiplash claimants to overstate their symptoms. Claim settlement is the intervention of interest, as it represents the point at which there is no further incentive to exaggerate symptoms, and neck pain at 24 months is the outcome of interest. Longitudinal data on neck pain scores and timing of claim settlement were regressed, controlling for the effect of time on recovery, to compare outcomes in claimants who had and had not settled their compensation claims. The results show clearly that removing the financial incentive to over-report symptoms has no effect on self-reported neck pain in a fault-based compensation scheme, and this finding concurs with other studies on this topic. Policy decisions to limit compensation in the belief that claimants systematically misrepresent their health status are not supported empirically. Claimants do not appear to be "cured by a verdict".
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    Journal Title
    Journal of Law and Medicine
    Volume
    20
    Issue
    1
    Publisher URI
    http://sites.thomsonreuters.com.au/journals/category/journals/journal-of-law-and-medicine/
    Copyright Statement
    © 2012 Thomson Legal & Regulatory Limited. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
    Subject
    Medical and Health Sciences not elsewhere classified
    Medical and Health Sciences
    Law and Legal Studies
    Philosophy and Religious Studies
    Publication URI
    http://hdl.handle.net/10072/52829
    Collection
    • Journal articles

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