More Money For Care

Published 10 Oct 2011
Liza Nguyen

If you are injured and have received ‘gratuitous care’ for six hours a week for at least six consecutive months, you may be entitled to recover more damages in a court case.
 
Gratuitous care involves receiving unpaid attendant care services (or personal care assistance) from your loved ones because you are unable to care for yourself.
 
In the recent case of Hill v Forrester [2010] NSWCA 170 the plaintiff was attacked by the defendant's dog and the plaintiff satisfied the six month duration requirement contained in s 15(3)(b) of the Civil Liability Act 2000 (NSW). The plaintiff was awarded more damages for gratuitous care provided during earlier periods, even though they were for less than six months, because the six month duration requirement only needed to be satisfied once. However, such damages can only be awarded for gratuitous services if services have been provided in the past, or will be provided in the future, for at least six hours per week.