Relationship between long-term impairments and compensation capital in traumatic brain injury: Results from the Paris-TBI study

Abstract

Persons with a traumatic brain injury (TBI) are frequently involved in a litigation with claim compensation because another person was at fault for causing the accident. However, settling a lump sum is a complex and multi-determined process that is related to patients’ past, present and future losses and needs, but also to external factors (such as the attorney's skills, the jurisdiction specificities, the TBI expert involved during court proceedings). We report preliminary results about the final lump sum and long-term TBI outcomes. Prospective study of severe TBI patients injured in the Parisian area in 2005–2007. Questions regarding involvement in a litigation and lump sum were asked 4- and 8-years after the TBI concurrently with 4- and 8-years outcomes. Among 147 out of 160 patients that answered to the question about litigation, 80 were not involved and 67 were litigants. The litigation was over after 4 and 8 years for 25 and 32 people respectively, and still in progress for 10 of them. The final capital awarded was reported in 38 people and amounted €0 for 1 person and a mean €292 653 (SD = 436 334; minimum = 1500 - maximum = 2,000,000) for the others. No difference in capital amount was found according to gender and working status. In separate correlation, capital was found to correlate with 4/8 yrs Glasgow Outcome Scale - extended (GOS-E) score, Dysexecutive Questionnaire (DEX) score, functional status and caregiving time, but not with age, years of study, mood, caregiver burden. Among a wide range of factors that play a role in the financial settlement, a higher capital seems to be related to long-term severe impairment in patients, with the notable exception of working status.