Future care claims address the help a person needs because of a negligently caused injury, whether provided by paid carers or family. Needs assessments, expert valuation and jurisdiction rules shape what may be recoverable. Family care may be subject to conditions or thresholds.
Paid care and family care
Care may be provided by paid support workers, nurses or by parents, siblings and relatives. Families often provide large amounts of unpaid help, including feeding, personal care, supervision overnight and attending appointments. Some jurisdictions allow damages for this gratuitous care, but rules may set minimum hours, duration requirements or rates.
Paid care for the future may be claimed where it is reasonably required, including when parents age or can no longer provide support. The care must relate to needs arising from the injury, beyond care any child of that age would usually need.
How needs are assessed
Care needs are usually assessed by occupational therapists or care experts who observe the person, review medical reports and speak with the family. They estimate hours and types of care at different life stages.
- Personal care such as dressing, toileting and bathing
- Supervision for safety, including at night
- Assistance with communication and community access
- Domestic help linked to the person's needs
- Respite to support family carers
Equipment linked to care
Care needs and equipment are often connected. A hoist may change how many carers are needed for transfers; communication devices may affect supervision requirements. Detailed equipment and home modification costs are covered separately, but care experts consider how equipment interacts with support hours.
Planning for changing needs
A young child's needs may change at school age, adolescence, adulthood and later life. Experts project these transitions, recognising uncertainty about development and life expectancy. Courts may adjust projections for contingencies. Families can contribute by describing how care has changed so far.
Valuation evidence
Care hours are converted into money using commercial rates, award rates or other measures depending on the jurisdiction and type of care. Economists calculate present values for future care. Evidence from care agencies about current charges may also be used.
For your next conversation
- Keep a daily or weekly diary of care hours provided by family
- Note night-time waking and supervision needs
- Obtain occupational therapy and care assessment reports
- Collect invoices from any paid support workers or respite services
- Record changes in care needs over time with dates
Common questions
Can we be compensated for the time we spend caring for our child?
In many jurisdictions, damages can include the value of care provided by family where it arises from the injury. Rules differ and may require minimum hours or duration. A care diary and expert assessment help show the extent of the care provided.
Who decides how many care hours our child will need as an adult?
Usually care experts and treating professionals provide opinions, and opposing experts may disagree. If the case settles, the parties negotiate around these estimates. If it goes to hearing, a judge decides which evidence to accept, taking uncertainty into account.
Sources & further reading
These references support the topic’s starting points. They do not determine the facts, standard of care or law applicable to an individual matter.