Could Hiring A Lawyer Actually Prolong Your Recovery Time For Whiplash Injuries?

A study carried out by the Division of Health Care and Outcome Research in Toronto, Canada has arrived at some controversial conclusions that are sparking debate amongst the medical and legal communities. The study, carried out by Dr Pierre Cote, suggests that the process of seeking compensation for a whiplash injury can actually impede recovery.

Whiplash study

Dr Cote carried out the study by following the progress of whiplash claimants between the years 1994 to 1995. During this period, the Canadian government switched from a tort system to a no-fault system. The tort system is one in which a victim can seek remuneration for their injuries from the offending party, while a no-fault system instantly pays out benefits, allowing the victim paid-up recovery time. According to Dr Cote, "under the tort system, it took a median of more than 400 days for individuals to recover from their injuries. Changing the system reduced that time by half, and the time to recovery - measured by time on benefits - was now under 200 days".

Counter arguments

Detractors of Dr Cote's study argue that the findings are flawed on many levels. The National Institute for Mental Health (NIMH) has conducted extensive research into Post Traumatic Stress Disorder (PTSD), which it believes can be an integral part of the whiplash condition. They argue that "words, objects or situations that are reminders of the event can trigger re-experiencing (PTSD)". While the Canadian study suggests that money is an overriding factor in recovery, NIMH's findings are rooted in psychological evidence. Dr Cote suggests that, "removing some of the incentives to remain sick actually aids recovery." However, NIMH's conclusions seem to be that symptoms can be prolonged, but possibly because reliving the event to give a legal account can be perceived as stressful.

The Canadian study suggests that those having to pursue compensation are less likely to recover as quickly as those who don't. While these results paint compensation as a 'carrot on a stick', they fail to take into account NIMH's research that identifies stress as a major factor in the healing process. It is entirely reasonable that those who don't have to pursue compensation will heal quicker. As they are not subject to the stressful legal procedures involved, the theory is that they are able to devote their time to recovery. This, however, does not suggest that money is some form of miracle 'cure-all' - simply that those who receive instant compensation can devote their time to getting better.

In the UK, legal proposals are being made by the Association of British Insurers to speed up the compensation process. Part of that process is for victims to seek the services of a personal injury lawyer as soon as possible. In an ideal world, anyone with an injury would receive injury benefits overnight. However, as the world is not ideal, that sort of system lays itself wide open to abuse. Increasing the speed in which a claim can be processed is probably the best way of helping a victim recover, by sparing them undue stress that may impede their progress.