What is a care and assistance claim?
Professional vs gratuitous care
Gratuitous care: family member or friend provides unpaid care; claimant recovers commercial value of that care, not the family member's lost wages — Hunt v Severs [1994] but note defendant pays claimant who holds on trust for carer
How is gratuitous care valued?
Commercial hourly rate for equivalent care; typically 25% discount applied for informality
What is a case manager?
Coordinates rehabilitation and care needs in serious injury cases; cost recoverable
Future care costs
Present value calculation; accommodation modifications; specialist equipment
Interim payments to fund immediate care needs
Sources
- Hunt v Severs [1994] 2 AC 350
- Housecroft v Burnett [1986]
- Judicial College Guidelines, 17th edition