Care and Treatment Needs

A case manager will be involved in putting together recommendations for medium term care plans for those who require assistance.

The Local Authority is obliged to carry out an assessment of an injured person's social needs and thereafter put in place a care package to provide support. The amount of assistance provided will vary from one Local Authority to another as each Authority have their own budgets and criteria for meeting needs.

As part of the claims process, a care report will be prepared which will examine the injured person’s life before the accident and consider what activities that person would do but is now unable to do due to the injury. The report will set out the help that has been received and forecast what help may be required in the future based on the medical opinion.

The care report will often set out the help provided with:

  • Domestic tasks such as cooking, cleaning, vacuuming
  • Personal care – showering and bathing
  • Gardening
  • DIY

To help with the preparation of a care report, it may be useful to keep a diary of the amount of time that is spent looking after an injured person or making a list of the things that that person used to do prior to the accident.

If help is provided, it may also be prudent to keep details of the person who provided or continues to provide the help. It does not matter that that person provided assistance free of charge as a claim can be made for the amount of time that they spent helping.

The care expert may also make provision in the report for the following:

  • Aids and equipment on the advice of an Occupational Therapist
  • An automatic vehicle and the ongoing replacement costs if the need for an automatic vehicle is supported by the medical experts

After the care report is prepared and the recommendations agreed by the solicitor and the insurance company, a long term care plan can be implemented. At this point, consideration may need to be given to what help is provided free of charge by the Local Authority and the insurance company may only be obliged to pay the difference between what is needed and what is provided by the Local Authority unless the level of care provided by the Local Authority is inadequate or unsuitable after considering the injured person’s needs.

For details of legislation which applies to a Local Authority click here

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What our clients say

We know that we have been extremely fortunate to have had such a consummate PI lawyer in Andy acting on our behalf but we have also been blessed by having had his support, trust, friendship and loyalty throughout. We cannot ever thank him enough.

The compensation Nicola has received has helped her move from a tiny council flat into a massive bungalow which has been specifically adapted. It has enabled her to have a better life.

If it was not for the help of my solicitor I don't know where I would have been today. He provided a great deal of emotional support and secured compensation at various stages from the insurance company to fund my treatment and allow me to live. He was there from start to finish.

Higgs & Sons acted for us for 5 years until our daughters claim for personal injuries was finally settled. Ian remains a trustee of our daughters trust fund and we now look upon him as a friend.

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