Pamela Bradshaw | Associate

To Help and to Hold

After someone is injured as the result of an accident they will quite often receive help from their spouse. Such help can include helping them get washed or dressed or helping with things around the house such as cooking, cleaning and ironing. (The phrases “for better, for worse” and “in sickness and in health” spring to mind.)

This kind of help will not just be provided by a spouse but is likely to be provided by other family members. What people may not know is that, in Scotland, the law allows family members to claim compensation for the help and assistance that they have provided to the injured person.

This type of claim can only be made if the injured person has received help and assistance from a family member. For instance, if help and assistance has been provided by a friend or neighbour then it cannot be included.

Under the Administration of Justice Act 1982 it is possible to make a claim for two different types of services:

  1. Help that you have received from others (S8)

S8 of the Administration of Justice Act 1982 allows the injured person to claim for help and assistance they have received from family members from the date of the accident until such a point that help and assistance is no longer deemed to be necessary. This includes washing, dressing and assistance with driving, housework, cooking or shopping.

Services claims are usually assessed using an hourly rate. It is therefore helpful if the amount of help and assistance that a person has received can be broken down into how much help they have received per week in hours and for how long. If the services were provided for a relatively short period of time then quite often the Court will apply a broad brush approach and make an award usually in the region of a few hundred pounds.

  1. Help you would have provided to others

A claim for help that you would have provided to others can be made under Section 9 of the Administration of Justice Act 1982.

A claim under Section 9 means that the injured person is able to claim for the value of services that he or she would have provided to a family member had the accident not occurred. Typical examples under this section are DIY, decorating and gardening.

It is important to note that a family member cannot claim for the help and assistance that they provided to an injured person on their own. It must be included as part of the injured person’s case.

At Jackson Boyd we understand that it can be more than just the injured person who is affected as a result of an accident. We have a wealth of experience in dealing with personal injury cases where individuals have received help and assistance from family members. If you consider that you may have a personal injury claim caused by the negligence of another party then please contact us online by clicking here or speak to a member of our specialist team on 0333 222 1855.

Pamela Bradshaw

Pamela Bradshaw

Personal Injury Team

“Meeting people at a difficult time in their lives, getting to know them and helping them to get something positive out of the circumstances they find themselves in is the most rewarding part of my job.”

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