Where the heart is

It has long been accepted in personal injury claims that an injured claimant may seek damages from the tortfeasor in respect of gratuitous care provided by family members and friends. Provided such care was reasonably required, the court assesses and awards a reasonable sum. This is a sensible and fair rule: most people who are injured do not have the money to pay for professional nursing care, and are therefore dependent on friends and family to meet their care needs. In legal terms, the loss belongs to the carer not to the claimant; the damages are therefore held on trust for the carer.

In serious injury cases, particularly industrial disease claims where the claimant’s condition leads to a progressive deterioration with increasing levels of pain, the claimant’s care in the final stages of the illness may often be provided by a hospice. Mesothelioma is an asbestos related cancer arising from the inhalation of asbestos fibres, leading to lung disease. The condition is incurable