Sometimes after an accident, you will find that you need more help than usual from your family. For example, they may have to help you with washing and dressing, preparing meals or getting around, whether it is simply a visit to the shops or to attend a vital medical appointment. Perhaps they will need to change their working hours, buy a new vehicle or sacrifice parts of their personal or professional life.
Maybe there are things that you usually do for your family but have been unable to do during your recovery (household chores, for example, or DIY, or looking after children).
All of this comes at a cost – emotionally and financially – but fortunately it is possible to make a compensation claim for this sort of unpaid help, inconvenience or expense; courts have the power to recognise the impact an injury has not only on the injured individual but also on the family structures in place around them and to make financial awards that reflect this.
Under the Administration of Justice (Scotland) Act 1982, Section 8, compensation can be awarded for services provided by relatives to you following a personal injury accident - in respect of hospital visits, assistance with driving, washing, dressing or any service they provide you with which otherwise takes up their time.
If you have only required assistance for a matter of a few weeks, courts will usually look at the case loosely and as such award a nominal sum of compensation – typically only a few hundred pounds.
However, in cases where services are required over the longer term, compensation awards for services tend to be broken down into sections and paid at a notional hourly rate.
If your injuries mean that you have been unable to provide services to your family or relatives and they have suffered financially as a result of this loss of service you can claim under Section 9 of the 1982 Act for the cost of services you would have given to your relative free of charge.
Examples of claims made under Section 9 include everyday domestic tasks, DIY, maintenance, gardening and decorating. Section 9 claims can be supported by quotes from local service providers for the cost of replacement labour.
Thompsons, a family-focused personal injury firm
Thompsons is among Scotland's leading and most trusted personal injury claims firm. We win more than 90% of the cases we take on, secure over £1 million in compensation for our clients each week and have particular expertise in cases involving family and service claims related to serious and catastrophic injury.
Call us a call today and our specialist compensation solicitors can advise you on how best to go about it. Contact us for FREE on 0800 0891331. We have a range of flexible funding options available to our clients, including No Win, No Fee.