When a person is injured, family and friends often step in to help with daily tasks. In a
personal injury claim, this is known as gratuitous care. While the people helping are not paid
directly at the time, the law allows the Claimant to recover the value of this time from the
Defendant, provided the help goes beyond the “normal give and take” of family life.
The Rate of Care
The claim is calculated using a set hourly rate, usually based on professional care costs but
discounted by 25% to reflect that family members do not pay tax or agency overheads. For
2025/26, after this discount is applied, the rate usually sits between £12 and £14 per hour,
depending on the complexity of the care and the location.
Claim Requirements
To make a successful claim, the care must be “reasonable and necessary.” This includes help
with personal hygiene, dressing, preparing meals, and providing transport to medical
appointments. It is important to note that you cannot claim for tasks the carer already
performed before the accident happened; only the additional time spent due to the injury is
recoverable.
The most vital piece of evidence for this claim is a contemporaneous care diary. Instead of
guessing hours, months later, the carer should keep a daily log of the date, the specific task
performed, and the exact time spent. Detailed records (e.g., “45 minutes helping with
morning exercises”) are much harder for insurance companies to challenge than vague
weekly estimates.
Once the claim is settled, the Claimant receives the compensation but holds it “on trust” for
the people who provided the care. This ensures that the family and friends are eventually
recognised for their support. If a carer had to give up their job entirely to provide help, we
may be able to claim for their actual loss of earnings instead, provided it is not more than the
cost of a professional carer.
How Major Trauma Lawyers Can Help?
Our major trauma solicitors have extensive experience in all aspects of injury claims. If you have any questions related to your injury claim and what benefits you can claim, reach out to us for legal advice. You can also email us on contact@majortraumalawyers.com.
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