Personal Injury, The Cost of Care

11th June 2021


by Neil John, Partner, Head of Civil Litigation

After suffering a serious injury, you will very likely need support and care while you are on the road to recovery, but who will care for you and how will it be paid for?

Immediate care should be your priority, and we would always recommend going to hospital, your GP or a walk-in centre as soon after the injury as possible. But what happens once you are discharged from medical care?

After medical treatment, you will likely be discharged to your home, but you may still need someone to look after you, this will usually be family members or close friends. This is the point from which you can claim for any care you need (unless that care is provided on a private fee-paying basis). This is the phase, after the immediate care provision has passed, during which the majority of your recovery will happen.

Depending on the type and severity of the injury sustained, different levels of care will be needed. Care can include; help getting up and down stairs, assistance with personal hygiene and dressing, help getting to appointments, food preparation, shopping, gardening and any number of other tasks that we normally take for granted. Most people would not think twice about putting on a pair of socks, but someone suffering with injuries to their arms, legs, chest or back could find it impossible.

The majority of these tasks will not be long or complex, with many only taking a minute or less, but the total time spent will add up. A person with a broken leg will need assistance for several hours a day while in plaster and afterwards as they regain their strength, and this can take some time.

These care needs are usually met by the injured person’s nearest and dearest, but in a personal injury claim, how is this care compensated? There are no receipts or professional charges to settle so private nursing rates cannot be claimed. When making a claim, we calculate the number of hours that have been provided and apply an hourly rate of £10.

Insurers always seek to reduce the hourly rate because the carer is closely related/associated to the injured person and the natural love and affection means that the carer would want to care for their loved one. This usually brings the hourly rate down to £5-7 per hour and the insurers are also likely to try to negotiate a reduction in the hours claimed. These types of claim are negotiable as there is no financial loss.

Any compensation awarded for care is due to the carer but is paid to the Claimant. The carer cannot make a care claim themselves as any compensation must be part of the personal injury claim. Other expenses that the carer can be compensated for include travel expenses, medical equipment and clothes for the injured person.

If you have suffered an injury and would like to discuss a potential claim, Fraser Dawbarns provide a caring, compassionate and client-focused approach to support you throughout your claim. We offer a free of charge consultation for personal injury claims and we will not pressure you to proceed with a claim if you do not feel ready. For more information, contact Fraser Dawbarns today.

Find out more about Neil John

Read Neil’s recent article on Workplace Injuries

Find out more about the Personal Injury services at Fraser Dawbarns


This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances.  Fraser Dawbarns LLP are always happy to provide such advice.

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*We are recommended for the following practice areas: Corporate and Commercial, Debt Recovery, Employment, Personal Injury: Claimant, Agriculture and Estates, Contentious Trusts and Probate, Family, Personal Tax, Trusts and Probate & Commercial Property.

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