Post-accident care
If you are injured in an accident, you may require after care. As well as including physical care, such as washing, dressing, helping to mobilise etc, it can also cover psychological care such as giving emotional support.
Nursing care
This could be given by your family or a professional nurse. If you employ a professional nurse, you are entitled to recover the cost as part of your compensation.
Medical care
You can get this either through the NHS or if you prefer to get it privately you can recover the cost as part of your compensation.
Services – what do we mean by these?
These include things like gardening, shopping, driving, housework, caring for a pet etc. These again can be provided by your family or you can instruct a professional to provide them.
What do we mean by family?
This is defined in the Administration of Justice Act 1982 (“the Act”). It’s given a very wide definition, as follows: -
- Your husband/wife/divorced husband/wife;
- Your civil partner or former civil partner;
- A cohabitee, providing he or she was living with you at the time of the accident;
- Parents;
- Grandparents/Great-Grandparents;
- Children;
- Grandchildren/Great-Grandchildren;
- Brothers and sisters;
- Uncles and aunts;
- Nephews and nieces;
- Cousins;
- Half- brothers and half -sisters – and any of their children are treated as the same as brothers and sisters of the full blood;
- Adopted children;
- Stepchildren;
- Any person accepted by the injured person as a child of his or her family;
Any care or services provided by a member of your family can be compensated.
Does any money need to change hands?
No. If, though, you do pay your family then in principle the cost can be recovered. You should keep vouching of the payments. However, this is dependent on the amount paid being considered reasonable.
How do the courts value care/services?
Where they are provided by the family the courts will refer to what a professional carer will charge, and they then apply a discount because the family member isn’t paying tax or national insurance for the care. Generally, the courts apply a 20% discount.
What if the care or services aren’t provided by a family member?
If a friend or neighbour provides these instead, then compensation can’t be paid in terms of the Act. But if the care etc., are provided under a contract then compensation can be recovered. It is important though to get the agreement put in writing. If there is no written agreement compensation may not be recoverable.
Does any money need to change hands?
Again, no. The amount in the agreement again must be reasonable. If payments are made, again you should keep vouching of these and as with above, the court would apply the same 20% discount.
If you have sustained an injury in an accident and you think you may have a claim, please contact us to discuss the matter on 0800 988 8082 or complete our online enquiry form and a member of our team will get back to you right away.
