Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
When an accident leaves you unable to cook, wash, dress or move around as you used to, someone usually steps in to help. That someone is often a partner, a parent or a close friend, and the hours they give up can be substantial.
In a personal injury claim brought in England or Wales, the value of that help is something you can potentially recover from the person or insurer responsible for your injuries. This guide walks through how care and assistance claims work, the difference between unpaid family help and professionally paid care, what the courts tend to look for, and how to keep records that actually stand up when your claim is being negotiated or assessed.
Overview
A care and assistance claim is a head of loss within a wider personal injury claim. It compensates for the practical help an injured person needs because of their injuries, whether that help is provided free of charge by loved ones or paid for commercially.
The legal principle is straightforward: if the accident made you reliant on support you would not otherwise have needed, the cost or value of that support can form part of your compensation. There are two routes most claims follow. The first is gratuitous care, which covers unpaid help given by family and friends.
Although no money changes hands, the courts recognise that this care has a real value, and a sum is usually calculated by reference to commercial care rates with a discount applied. The second is paid or commercial care, where an agency or carer is engaged and invoiced for.
Both can sit within the same claim, and many cases combine unpaid help in the early weeks with later professional input as needs change.
Key steps
Establish what care was actually needed. Link the help you received to specific injuries and functional limitations. A claim stands or falls on whether the care was reasonable, so be clear about what you could not do for yourself, for how long, and why your usual routine was affected in the way you describe.
Identify who provided the help and over what period. Note every person who stepped in, whether a spouse, parent, adult child or neighbour, and work out the hours they contributed each week. Be honest about periods of partial recovery where your needs reduced, because inflated figures tend to undermine the credibility of the whole claim.
Keep a contemporaneous care diary. A running log written close to the time carries far more weight than a reconstruction months later. Record dates, hours, tasks performed, and any changes over time. Include personal care, household tasks, transport to appointments, childcare assistance and any supervision required overnight.
Obtain supporting medical evidence. Your treating clinicians and any instructed medical expert should comment on the level of care reasonably required. Without medical backing linking your injuries to the help you received, an insurer is likely to argue the hours claimed are excessive or unconnected to the accident.
Quantify the claim using recognised rates. Unpaid care is usually valued by reference to published commercial care rates with a deduction applied to reflect that it was family help rather than a taxed, commercial service. Commercial care is evidenced by invoices and agency rates. A solicitor or specialist drafter typically prepares the schedule of loss.
Q Can I claim for help my spouse or partner gave me?
Yes, in principle. Help from a spouse, partner or other family member can be recovered as gratuitous care, provided it went beyond the ordinary give and take of family life. The care must be linked to your injuries and reasonable in extent. The money recovered is generally held on trust for the person who provided the care, reflecting the fact that it compensates them for their time, not you.
Q What hourly rate is used for unpaid family care?
There is no single fixed rate. Valuations usually start from published commercial care rates, such as those used by the National Joint Council or similar tables, with a discount often in the region of 20 to 25 percent applied. The exact figure depends on the type of care, the time of day, and whether the help was skilled. Specialist input is useful because getting the rate wrong can significantly affect the final sum.
Q Do I need receipts for paid care?
Yes. For commercially provided care, invoices, contracts and bank statements are the primary evidence. Keep every document showing what was paid, to whom, and for what period. If you use an agency, their rate card and any written care plan will also help. Without a paper trail, even genuine expenditure can be reduced or refused when the claim is assessed.
Q Can I claim for care I may need in the future?
Yes, where injuries are lasting. Future care is assessed on medical evidence about your long-term needs, multiplied out over your expected requirement. This can include increased support as you age or if the injury is likely to deteriorate. Future care claims are more complex and usually need input from a care expert and a solicitor familiar with serious injury work.
Q What if I did not start keeping a care diary straight away?
It is not fatal to the claim, but it is better to start as soon as possible. Reconstruct the early period as accurately as you can using appointment records, text messages, and input from the people who helped you. Then keep a proper contemporaneous record from now on. A partial diary with honest reconstruction is usually treated more sympathetically than none at all.
Q Is there a time limit for bringing this kind of claim?
Personal injury claims in England and Wales generally must be started within three years of the accident or date of knowledge, with different rules for children and people who lack capacity. Care costs form part of the wider personal injury claim, so the same deadline applies. If you are approaching the limit, act quickly, because missing it usually means losing the right to claim altogether.
Care and assistance claims turn on evidence, reasonable hours, and the right valuation approach, and getting the framing right early makes a real difference. An experienced legal adviser can talk through your specific situation on the phone and help you think about what to record and what to ask for, based on what you describe.
✓Plain-English answers to your specific questions about care costs
✓Practical perspective on what to document and how
✓Guidance tailored to what you describe about your injuries and support
✓Clarity on your next steps before speaking to a solicitor or insurer
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.
