header-logo header-logo

23 September 2010 / Richard Scorer
Issue: 7434 / Categories: Features , Personal injury , Community care
printer mail-detail

Where the heart is

pi_0_4

Richard Scorer asks who cares best? Home or hospice?

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll