Cost of care—personal injury claims
Cost of care—personal injury claims

The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:

  • Cost of care—personal injury claims
  • Establishing the claimant's care requirements
  • Serious and catastrophic cases: public or private funding
  • Live-in care packages
  • Costs—rates and weeks
  • Basic or aggregate rates?
  • Number of weeks
  • Gratuitous care

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5 August 2019.

Establishing the claimant's care requirements

In the more serious cases the claimant’s injuries may have resulted in disabilities or restrictions which will continue to give rise to a need for care at some level. In such cases, particularly those involving very serious injury, the claim for future cost of care often forms a significant part of the claimant's claim.

See Practice Note: Valuing serious brain injury claims.

As with past care the court will be required to make findings on:

  1. the nature, level and extent of the care that the claimant will reasonably require as a result of the accident; and

  2. the cost of that care

The care should go beyond the usual sharing of household duties.

Where liability has been admitted, there may, in accordance with the rehabilitation code, have been an immediate needs assessment funded by the insurers responding to the claim. A regime, or at least some provision for case management and care, may be in place pursuant to the recommendations by the nurse or other rehabilitation specialist.

See Practice Notes: Rehabilitation Code 2015 and Rehabilitation in serious brain injury claims.

However, evidence regarding the claimant’s future care needs will come from the medical evidence, assessments from agencies, such as

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