Provision of gratuitous care and services
Provision of gratuitous care and services

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

  • Provision of gratuitous care and services
  • The identity of the carer
  • What type of care should be compensated?
  • The period of care
  • The rate of care
  • Assessment
  • Other gratuitous services

A claimant may find themselves dependent on a friend or relative as a result of their injuries, particularly in the early stages of recovery. In these circumstances, a claim for care provided gratuitously (without charge) is recoverable.

The identity of the carer

In law, compensation for the time and effort involved in providing nursing or care services is held on trust by the claimant for the benefit of the carer.

It follows that this head of damage cannot be recovered if the carer is the same person as the person who caused the accident. The reasoning for this is that the claimant cannot recover damages from the defendant only to hold them on trust for the same defendant.

Another consequence is that where the claimant is unable to repay the money (eg if the carer has died or the claimant is no longer in contact with them), the court is unlikely to make an award.

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