What is gratuitous care?

Gratuitous care refers to the help and care that a claimant may receive from family or friends following an accident that results in injury.

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What is gratuitous care?

If you suffer a debilitating injury following an accident, assault or medical negligence, you will likely need help with daily tasks such as cooking, cleaning and shopping. Usually, this will be offered free of charge by a loved one, such as a partner, parent, sibling or even a close friend.

This type of help is known as gratuitous care. A monetary value can be attributed to this and can be recovered as part of special damages in a personal injury claim.

Because claims for gratuitous care are not made directly by the person providing the care, any compensation awarded for this will be paid to the injured claimant. The injured claimant will be responsible for forwarding this money to their carer.

Caregivers can only expect to receive such settlement amounts at the end of a claim, as no sums for gratuitous care will be paid until the case is complete.

To find out if you are entitled to recover compensation for the care provided to a loved one, call 0800 470 0474 today or enter your details here to request a call back.

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What counts as gratuitous care?

Gratuitous care refers to the type of care that a claimant usually receives from their family or friends following an accident. In most cases, the person who offers gratuitous care tends to do typical household and domestic tasks. This type of care is recognised as gratuitous because no money is paid for it.

The duties covered under gratuitous care vary greatly and include activities such as:

Accompanying the injured person to medical assessments and appointments
Running errands for them and going grocery shopping
Helping to take care of children
Driving for them
Helping with household chores, such as cooking, cleaning and laundry
Helping with personal care, such as bathing, dressing and getting in and out of bed
Walking their dog
Doing gardening, DIY or home maintenance for them

There is no exhaustive list of duties that may be performed under this term, and any activity that the injured person cannot complete themselves might be performed by a person offering gratuitous care.

Can I make a gratuitous care claim following an accident?

It may be possible to claim compensation if you have acted as a carer who has given gratuitous care to an injured person. The claim would form part of the compensation claim made by the injured party and help you recover costs for lost time, potential loss of earnings and the cost of the care you provided.

An experienced solicitor can determine whether the person you provided care for is entitled to make a claim by verifying the following:

Another party owed them a duty of care legally;
They acted negligently or wrongfully and caused an accident;
Your loved one suffered an injury or illness as a result.

A legal duty of care will stem from the relevant legislation, based on the circumstances of the accident. For example:

The Health and Safety at Work Act 1974 for workplace accidents;
The Occupiers Liability Act 1957 for accidents in public places;
The Road Traffic Act 1988 for accidents on the road.

Once it is established that your loved one is entitled to compensation, their solicitor will verify whether you can include a gratuitous care payment in their claim.

How do I claim compensation for gratuitous care?

In a personal injury claim, only the injured party can seek compensation for the financial losses resulting from their accident. This includes any losses incurred by a friend or family member while taking care of them during recovery. To claim compensation for this, you must be able to establish the following:

Your loved one was able to take care of themselves prior to the accident;
The injuries from the accident prevented them from carrying out their usual daily tasks;
You provided care and assistance that went above and beyond what would typically be expected from you;
A medical expert has established a need for care, its nature, and for how long it will be necessary.

It is essential to keep detailed records of your care and assistance. These should include the specific tasks performed, their frequency and duration, and the length of time they were provided. Based on these, a specialist solicitor will determine the value of gratuitous care. They will then include it as part of special damages in the injured party’s compensation claim.

What accidents could result in a claim for gratuitous care and assistance?

A claim for care given by friends or family can arise from various types of accidents that result in severe injuries, such as:

Road traffic accidents. Car, motorcycle, bicycle and pedestrian accidents can result in severe trauma, leaving the injured party unable to perform daily tasks such as cooking and bathing.
Workplace accidents. Falls from heights, accidents involving heavy machinery and industrial diseases can lead to impairment and disability.
Medical negligence. Severe complications from surgery, infections, or misdiagnosis may leave patients needing assistance during recovery or long-term care.
Slips, trips and falls. Injuries from a slip or trip can incapacitate the injured person and leave them unable to walk or perform everyday tasks.
Sports accidents. Poor ground conditions, inadequate training, or a lack of proper equipment can result in accidents and severe injuries when participating in sports activities.
Criminal assaults. Victims of violent assaults can suffer severe physical and psychological trauma, leaving them unable to care for themselves.
Accidents involving children. When children are injured in an accident, parents or legal guardians often have to take time off work and provide extra care.

What injuries could leave you in need of gratuitous care?

Many types of injuries could leave a person needing care and assistance, either during recovery or permanently. These include:

Broken bones. A fracture can limit your ability to move, perform daily tasks or take care of yourself during recovery, which could take weeks or months.
Spinal cord injuries. Depending on their location and severity, such injuries can lead to partial or total paralysis. You may need ongoing help with mobility, personal care and other routine activities.
Traumatic brain injuries. Brain trauma can lead to various physical and cognitive impairments, such as memory loss, loss of motor control and confusion, making it impossible to take care of yourself.
Severe burns. Significant burn injuries can lead to a great deal of pain and restricted mobility. The injured person may need help with wound care and basic daily activities like eating.
Amputations. The loss of a limb can drastically affect your ability to carry out daily activities, especially immediately after amputation, until you adapt to your new situation.
Chronic conditions. Illnesses such as arthritis, mesothelioma, cancer or diabetes can leave you less able to perform tasks that involve mobility or dexterity and in need of assistance.
Neurological disorders. Neurological injuries or disorders, such as multiple sclerosis, Parkinson’s disease or nerve damage from accidents, can lead to impaired cognition and motor skills and the inability to live independently.
Psychological trauma. Post-traumatic stress disorder (PTSD), anxiety and depression can severely affect your ability to manage your daily life. You may need emotional support and help with household tasks and other activities.
Loss of vision. Partial or complete blindness can make it impossible to carry out daily activities such as cooking, cleaning or grocery shopping.

How is gratuitous care calculated?

Calculating the value of gratuitous care offered by friends or family can be a tedious task. The starting point is the rate at which a professional carer would be paid for providing the same services. This rate can vary based on the type of care provided, such as physical assistance, medical care or emotional support, and the region where you live.

Typically, it will be around £10 per hour, to which a third or a quarter reduction would be applied to reflect the absence of tax and insurance contributions. In this case, you could claim compensation at an approximate rate of £6.50 per hour.

Various factors will be considered to calculate the total amount that you might be entitled to receive, such as:

The number of care hours provided per day, week or month;
The nature or type of assistance provided;
The length of time for which the care was provided will depend on the severity of the injuries;
The future projections for care and assistance if this is needed long-term;
Whether the injured party took reasonable measures to minimise their dependence on the care and assistance provided gratuitously by a loved one.

How much compensation can I claim for care provided by a family member?

As mentioned above, the amount of compensation awarded for gratuitous care will typically be calculated at a rate of £6.50 per hour outside London. Each case is unique, and the final payment will depend on the particulars of each case, such as the duration of care and the hours of assistance per day.

For example, if you provided three hours of care per day, seven days per week, for a duration of 16 weeks to a loved one who suffered a multiple leg fracture, you could receive:

3 hours/day × 7 days/week × 16 weeks × £6.5/hour = £2,184

Your solicitor will carefully consider all the care you have provided to your loved one to ensure you are adequately compensated for the time you spent looking after them.

What evidence do I need to prove a claim for gratuitous care?

If someone you love was injured and you offered them care and assistance that went above and beyond what would be expected of a friend or family member, you could include this in their compensation claim. You will need various types of proof to support a claim for gratuitous care, such as:

Detailed medical records and reports to confirm the severity of the injuries, the extent of assistance needed and the length of time for which this would be reasonable;
Expert testimony from a healthcare professional or occupational therapist can help clarify the level of care required;
A detailed diary of the care you provided, including the specific tasks you performed, the number of hours spent per day or week and the frequency of care;
Statements from witnesses such as friends, family members or co-workers who can confirm the necessity of the care and that you have provided it;
A statement from the injured person about how the accident has affected their life and ability to carry out daily tasks;
Visual documentation of the claimant’s injuries and any resulting disabilities;
You should also keep evidence of any costs incurred due to the care, such as transport expenses for medical appointments, car parking or the purchase of medical equipment.

How long do I have to start a personal injury claim?

Generally, you have three years from the date you were injured in an accident to start a claim for compensation. This limitation date is imposed by the Limitation Act 1980 and must be respected, or your case will be statute-barred.

Starting a claim at the earliest opportunity will help your solicitor gather all the evidence you need to secure compensation for the care provided gratuitously by a family member or friend.

There are a few exceptions to the three-year time limit:

The three years only start to run once a person turns 18. A parent or another suitable adult can make a child accident claim at any time before the child’s 18th birthday, regardless of when they were injured.
The time limit is suspended in cases where the claimant lacks the mental capacity to handle a claim, either due to a severe injury or a pre-existing condition such as Alzheimer’s disease.
Claims through the CICA have a two-year time limit following an assault or another criminal act.
You can make a claim for a wrongful death within three years after a loved one has passed away.

What else could I include in my compensation claim?

Besides the care and support provided by friends and family and other financial losses included in special damages, the injured person is entitled to claim general damages, too. These are an essential part of the compensation award and cover the physical, emotional and psychological impacts of the injury, such as:

Physical pain and suffering
Stress, anxiety and depression
Loss of amenities, such as the ability to engage in hobbies and activities you once enjoyed
Physical or mental impairment or disability
Scarring and disfigurement
Reduced quality of life or life expectancy
Loss of consortium or companionship
Loss of a unique career

General damages are calculated differently than special damages. They are based on the type and severity of your injuries, age, and expected recovery and are calculated according to the guidelines published by the Judicial College. You can see how much you could receive by visiting our online compensation calculator.

To learn more about gratuitous care and how you can recover compensation for the care and support offered by a loved one, call 0800 470 0474 or request a call back.