Often following a serious accident a person is unable to return to their former household duties and chores due to their accident related injuries.
It is completely understandable.
A person’s friends and family are often the ones who take over these duties. On top of that, they generally provide any other necessary care and assistance. Care provided to an injured person can make up a substantial part of a person’s claim.
requirements
There are thresholds that must be fulfilled to make such a claim. The relevant act* specifies that damages should only be awarded to an injured person for gratuitous services provided if they:
If these thresholds are met, an injured person is qualified to claim for gratuitous care and assistance.
but, what about commercial assistance?
In addition to this, an injured person may also claim for commercial assistance they receive.
Commercial assistance is when a person is hired to perform duties they otherwise would have completed themselves prior to the accident – perhaps hiring a gardener to mow the lawn, take care of your garden, or clean the pool.
be warned
These types of claims are heavily scrutinised by the insurance company.
It’s for this reason a claimant, or their loved ones, should keep a detailed record of all and any gratuitous services provided after the injury, that was not provided prior to the incident, and were required as a result of the incident.
Written by Ashley Tulley | Chief Commercial Officer
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* Section 59 of Civil Liability Act 2003 (QLD)