If you have been injured in an accident it is common to receive help and assistance from family members during your period of convalescence. The situation may also arise where you are unable to undertake duties for a relative that you normally would, but for your injuries. In Scotland, the law allows an award to be made to compensate for each of these situations.
There are two distinct types of claim that can be made in line with the Administration of Justice (Scotland) Act 1982; help you receive from others and help you would have provided to others but for the injuries sustained.
Help you receive from others
This type of assistance can come in many forms but some common examples are help with personal care such as washing hair and getting dressed. Reduced mobility and pain can make even the simplest task such as tying shoelaces unmanageable. General domestic chores, dog walking and shopping can all become unsurmountable tasks when dealing with an injury. In cases of serious injury services can become extensive, with hours of assistance provided every day over a number of months or even years. Section 8 of the Administration of Justice (Scotland) Act 1982, allows you to claim compensation for the time that relatives spend helping you with any tasks you are unable to manage.
Help you would have provided to others
This type of claim is probably less common but certainly no less important. If you would normally provide free care to an elderly relative, or perhaps help with gardening or DIY, you may be unable to fulfil these duties due to injury. In those circumstances, section 9 of the Administration of Justice (Scotland) Act 1982, allows you to claim compensation for assistance that you were unable to provide to that relative.
Everyone’s circumstances are different and no two claims for services are identical. They are however generally valued based on the number of hours of services sought at an hourly rate in line with the minimum wage. In both types of services claim, an award can be sought for ongoing services in the future, where a permanent injury necessitates it.
The journey of a personal injury can appear complex and daunting, but we at Jackson Boyd aim to navigate you through the process to secure the compensation you deserve and make things as easy for you as possible. During the course of your claim we will fully consider your individual circumstances and identify if a claim for services is appropriate in your situation.