In personal injury claims, an injured person can claim financial compensation for the assistance they require as a result of their injuries. This includes personal care, for example, help with washing and dressing, and also help with tasks like housework, DIY or childcare.
The costs can range from a relatively modest figure, for example, to reflect help with the garden a few times year, to the significant cost of live in carers providing 24 hour nursing care.
In cases where there has been a more serious injury, the cost of future care can represent a large proportion, and in fact often, the majority, of a claim's value.
Valuing such claims is not straightforward whether that is for reserving purposes or for litigation and trying to do so can be difficult for solicitors acting for either party. Here we pick up on some key points to consider when dealing with care claims.
The importance of a home visit
Where there is a significant claim for care costs, both parties will generally engage a care expert to assess and value the pursuer's care needs.
Understanding what a care expert can do, and how to give the expert the best information possible, is key to obtaining an accurate and useful report.
Where at all possible, a home visit should be carried out, and the care expert should be afforded the opportunity to meet with the pursuer and, if possible, their family. This allows the expert to assess first hand, the pursuer's abilities and limitations, because someone's own perceptions of these points is not always reliable.
It is also useful to assess whether indicated therapies or interventions would be appropriate, with reference to the physical and social circumstances of the home, and the personality of the pursuer. The best approach is one which delivers care which will actually be taken up, and which will improve the pursuer's quality of life; what may seem sensible on paper, may be entirely inappropriate when the real life situation is considered.
Accordingly, although we do see an increasing number of expert consultations carried out remotely, care is an area where in person visits cannot be adequately replaced by online interviews.
Care at home vs care in institution
It is increasingly argued for pursuers that they would be better cared for at home, or in a specially purchased property, than in an NHS or privately operated facility.
With advances in technology and changing social attitudes, this is now possible in cases where it would not previously have been achievable.
When considering the reasonableness of a proposal, the court is likely to be influenced by the pursuer's current circumstances; if he/she is currently being cared for in a clinical setting and is considered high risk, it might be difficult to persuade the court that home care is a safe option. Conversely, if the pursuer, notwithstanding complex medical needs, has been cared for at home for several years without incident, it would be difficult to argue that home care was not appropriate.
The pursuer's geographical location will also be important, someone living in an urban area with good access to emergency and hospital care may be suitable for home care, where such an approach would not be reasonable for someone living in a remote rural setting.
Gratuitous care
Although there is a large focus on procuring, and the cost of, commercial care, almost every case will have a component of gratuitous care, that is care provided by relatives at no cost to the pursuer. Such care can be extensive, with family members spending large parts of every day engaged in care tasks for the pursuer.
The pursuer is entitled to seek financial compensation for those hours of care. However, the compensation will not be assessed at commercial care rates. There are no prescriptive rules for the valuation of gratuitous care but generally care experts will refer to the National Joint Council (NJC) for Local Government Services' figures for carer and home care services, in 2024, that rate was £10.62.
Conclusions
Care will always be a complicated and fact specific element to any claim, however the correct approach to assessing and valuing claims can remove some of the uncertainty.
If you would like to find out more about any of the issues discussed above, please get in touch with our Insurance solicitors, or your usual Brodies contact.
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