Following injury, often an injured person is attended to and cared for by a family member or a friend as the injured person recovers from the injury.
The family member or friend is providing the care and assistance for free and is often forging wages and/or incurring expenses. The care is above and beyond what might usually be expected within the existing arrangement.
These include services of a domestic nature, services relating to nursing and services that aim to alleviate the consequences of an injury.
This care can be compensated for depending on the circumstances.
The Court will not award damages to an injured person for gratuitous attendant care services unless the court is satisfied that—
(a) there is (or was) a reasonable need for the services to be provided, and
(b) the need has arisen (or arose) solely because of the injury to which the damages relate, and
(c) the services would not be (or would not have been) provided to the claimant but for the injury.
Furthermore, no damages may be awarded to a claimant for gratuitous attendant care services unless the services are provided (or to be provided)—
(a) for at least 6 hours per week, and
(b) for a period of at least 6 consecutive months.
Should you require assistance in relation to a personal injury matter, please contact our personal injury team today.
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