Care and Assistance Costs in Personal Injury Claims in Ireland
Author: Gary Matthews, Principal Solicitor, Law Society of Ireland PC No. S8178 | 3rd Floor, Ormond Building, 31-36 Ormond Quay Upper, Dublin D07 | 01 903 6408 |
Care and assistance costs are the money you can recover, as part of special damages (the category covering actual financial losses rather than pain and suffering), for the help you need with daily personal tasks after an injury. In Ireland, this covers both professional carers you pay and unpaid help from family members, known in legal terms as gratuitous care [1]. These costs sit outside the Personal Injuries Guidelines (2021) [2] published by the Judicial Council of Ireland, which only govern general damages for pain and suffering. Special damages, including care and assistance costs, are uncapped and calculated from your actual losses.
This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary. Consult a qualified solicitor for advice specific to your situation.
At a glance: Care costs include paid nursing, home care workers, and unpaid family help (gratuitous care). Family care is valued at commercial rates minus a discount, held on trust for the carer. Future care is discounted at 1% under Russell v HSE [2015]. Keep a care diary from day one. Sources: Civil Liability Act 1961 (revised) [3], Citizens Information (2025) [1].
Contents
What qualifies as care and assistance?
In an Irish personal injury claim, care and assistance costs cover help with Activities of Daily Living (ADLs), the personal tasks most of us manage independently before an injury. These include washing, dressing, toileting, transferring (getting in and out of bed or a chair), feeding, and mobility around the home. It also covers supervision where cognitive or psychological injuries mean someone cannot safely be left alone.
Night care is a distinct category. If you need someone to help with turning, repositioning, toileting, or reassurance during the night, those hours carry separate (usually higher) value in a claim.
Courts distinguish between two types of night care, and the difference matters for valuation. Waking night care means the carer must stay awake throughout the night to provide active, regular interventions (repositioning every two hours, managing seizures, responding to confusion or distress). This is valued at the full hourly rate because the carer cannot sleep. Sleeping night care means the carer sleeps in the home but is available if needed, typically for a single toileting assist or fall response. This is usually valued at a flat nightly rate or a fraction of the hourly rate. The gap between the two can be substantial: a waking night at EUR 15/hour across 8 hours totals EUR 120 per night, while a sleeping night might be valued at EUR 40-60. Over a year, that difference alone can exceed EUR 20,000.
We call this the ADL Care Audit: a structured review of every personal care task the injured person needed help with, logged by time, type, and provider. It is the foundation of any successful care claim in Ireland, and it is the single step most claimants overlook.
What this page does not cover: Household tasks such as cleaning, cooking, laundry, and shopping fall under domestic help costs. Physiotherapy and occupational therapy sessions are covered under rehabilitation costs. Stairlifts, wet rooms, and wheelchairs belong on the home adaptations page. If your injury prevents you from caring for your children, see childcare costs.
Can you claim for family help? (Gratuitous care explained)
Yes. When a spouse, parent, adult child, or friend provides care that you need because of your injuries, that care has monetary value, even though no invoice exists. Irish courts follow the common-law principle (influenced by Hunt v Severs [1994] 2 AC 350, routinely cited in Irish proceedings) that an injured person can recover the reasonable value of services provided gratuitously by a relative, provided those services were made necessary by the accident [1].
The compensation does not go to the injured person for their own use. It is held on trust for the family member who actually provided the care. This prevents the wrongdoer from escaping liability simply because the injured person had a supportive family.
What "held on trust" means in practice: There is no separate cheque issued to the carer. The care element is included in the total lump sum paid to the injured person. The injured person is then legally obligated to account for that portion to the carer. If the relationship between the injured person and the carer has broken down by the time the award is made, or if the carer has died, the court may decline to make the award at all, because there is no one for the money to be held for. This is a practical consideration that should be discussed early with your solicitor, particularly in cases where family dynamics are strained.
A common misconception, sometimes reinforced by insurers during early negotiations, is that family help has no legal value because "they did it out of love." That is not the law. If the care was necessary and was provided, the fact that it came from a relative rather than an agency does not extinguish the claim.
Exception: the carer cannot be the person who caused the injury. Because gratuitous care compensation is held on trust for the carer, a claimant cannot recover care costs from the very person who provides the care if that person is also the defendant. For example, if your spouse was driving, caused the crash, and then helped you wash and dress during recovery, you cannot claim the value of their care in the claim against them. The money would flow back to the wrongdoer, which the law does not allow. In this situation, you would need to rely on care from a different family member or engage a professional carer whose costs can be claimed directly.
Unlike in England and Wales, where gratuitous care claims use NJC (National Joint Council) hourly rates as the benchmark, Irish claims use Irish commercial home care agency rates. The difference is significant: NJC spinal point 8 in the UK sits around GBP 12-13 per hour, while Irish agency rates range from EUR 25 to EUR 35 per hour. Using UK rates in an Irish claim would substantially undervalue it.
Back to topHow is gratuitous care valued in Ireland?
The standard approach starts with the commercial hourly rate that a professional home care agency would charge for equivalent work. In Ireland, agency rates typically range from EUR 25 to EUR 35 per hour depending on location, time of day, and complexity of care. Direct-employed carer wages average EUR 12 to EUR 16 per hour. Sources: Indeed Ireland (2025) [6], PayScale Ireland (2025) [7].
A discount is then applied, commonly in the range of 25% to 33%, reflecting that family carers do not incur employer PRSI, travel costs, agency administration fees, or profit margins that professional providers build into their rates [1].
This discount is not automatic or fixed. The Court of Appeal confirmed in Walsh v Tesco Ireland Ltd that if family care was intensive, necessary, and equivalent in scope to what a professional agency would provide, applying a discount purely because the carer was a relative could be unjust [8].
Walsh v Tesco Ireland Ltd [2019] IECA 64
Holding: The Court of Appeal upheld an award valuing gratuitous home help at full, undiscounted commercial rates. The court confirmed there is no legal barrier in Ireland to recovering family care at commercial valuations where the care was extensive, necessary, and equivalent to professional agency services.
Why it matters: Claimants providing intensive round-the-clock ADL support should consider arguing for the full commercial rate rather than automatically accepting the 25-33% discount.
| Component | Example |
|---|---|
| Hours of care per week | 28 hours (4 hrs/day, 7 days) |
| Duration | 26 weeks post-surgery |
| Commercial hourly rate | EUR 28 |
| Discount applied (25%) | EUR 21 net hourly rate |
| Total gratuitous care value | 28 x 26 x EUR 21 = EUR 15,288 |
This is a simplified illustration. Courts consider the type, intensity, and timing (day vs night) of each care task. Awards vary case by case. The Personal Injuries Guidelines [2] govern general damages only. Care is assessed separately as special damages.
Gratuitous Care Estimator
This tool provides a rough estimate for educational purposes only. It does not constitute legal or financial advice. Actual awards depend on the specific facts, evidence, and legal assessment of your case.
What do professional carers cost in Ireland?
Where injuries are severe enough to require paid professional carers, qualified Healthcare Assistants (HCAs), home care nurses, or agency staff, the costs are claimed directly as special damages with supporting invoices and receipts.
Current market rates in Ireland vary significantly. The HSE pays public-sector HCAs according to consolidated pay scales (available at HSE pay scales (March 2025) [9]), but HSE home support hours are limited, often oversubscribed, and typically restricted to 30-minute visits. Private agencies charge substantially more. The gap between public and private costs matters for claims because claimants are not obliged to rely on an under-resourced public service where it cannot meet their actual needs.
Night care and specialist nursing (for example, managing traumatic brain injury or spinal cord care) command higher rates, often EUR 18-22/hour for the carer directly or EUR 35-50/hour through an agency [6].
Respite care is also claimable. Where a family member provides daily gratuitous care, they cannot do so indefinitely without breaks. The cost of hiring a professional carer to cover weekends, holidays, or regular weekly relief periods so the primary carer can rest is a legitimate head of special damages. Courts recognise that without respite, the family carer's health deteriorates and the entire care arrangement collapses. This head is routinely included in catastrophic injury schedules but is often overlooked in moderate cases where a spouse has been providing daily care for several months.
Unlike in England and Wales, where the NHS Continuing Healthcare scheme may fund some care and offsetting rules differ, Ireland has no equivalent comprehensive state care funding scheme for younger adults with acquired injuries. This makes the personal injury award the primary (and often only) source of long-term care funding for Irish claimants.
Back to topHow are future care costs calculated?
When injuries create a long-term or permanent need for care, the claim includes future care costs. Because Irish personal injury awards are paid as a single lump sum, the court must calculate what amount today will fund care for the rest of the claimant's life.
This involves two figures: the multiplicand (annual cost of care) and the multiplier (a figure derived from life expectancy and the assumed rate of return on investing the lump sum). The critical variable is the Real Rate of Return, also called the discount rate.
Gill Russell v Health Service Executive [2014] IEHC 590, [2015] IECA 236
Holding: The Court of Appeal reduced the discount rate from 3% (set in Boyne v Bus Atha Cliath [2003]) to 1% for future wage-related care costs (nursing, personal attendants) and 1.5% for future non-wage-related costs (aids, appliances, equipment). The court held that unless the rate was reduced, a catastrophically injured person would have to take "unjust and unacceptable" investment risks with their care fund. The Supreme Court refused the HSE's application for further appeal.
Why it matters: This is the binding discount rate for all future care calculations in Ireland. In July 2024, the Minister for Justice accepted an expert group recommendation, confirmed by Kennedys Law [4], that these rates should remain unchanged. Regulations to formally set them are being drafted.
Why the rate matters so much: For a claimant requiring EUR 100,000 per year in care with a 45-year life expectancy, a 1% discount rate produces a lump sum of approximately EUR 3.6 million. At the old 3% rate, the same future need would have produced only about EUR 2.5 million, a shortfall exceeding EUR 1 million. The lower rate reflects the reality that care funds invested conservatively (as required for a vulnerable claimant) cannot generate 3% above inflation in modern markets. Source: Society of Actuaries submission referenced in Kent Carty Solicitors (2023) [10].
Molloy v HSE (recent, terms agreed)
Holding: In this catastrophic cerebral palsy case involving a teenage boy, the HSE agreed a discount rate of minus 1.5% when the matter was ruled before the court. This is lower than even the Russell rates and reflects the specific investment environment at the time of settlement.
Why it matters: Molloy signals that the direction of travel for discount rates in Ireland may be downward, not static. While Russell remains the binding authority, Molloy demonstrates that defendants may accept rates below 1% in individual cases where the evidence supports it. This is relevant for any claimant with lifetime care needs whose case settles during a period of low or negative real returns [10].
Future Care Lump Sum Estimator
This illustrative tool shows how the discount rate affects lump sum calculations. It is not a valuation of any individual case. Actual calculations require actuarial evidence and are specific to each claimant's circumstances.
Why two discount rates? Care wages outpace general inflation
The 0.5% gap between the 1% rate (for care) and the 1.5% rate (for non-wage costs) exists because care worker wages have consistently risen faster than the general Consumer Price Index (CPI). This is driven by chronic staffing shortages, an ageing population competing for a finite pool of carers, union-negotiated pay increases, and post-pandemic retention pressures. When an actuary projects the cost of 30 years of nursing care, even a small annual gap between wage inflation and CPI compounds dramatically. The Court of Appeal in Russell accepted evidence that this divergence was structural, not temporary, and built the 0.5% differential into the rate to prevent lifetime care funds from being eroded by above-CPI wage growth [4].
The Reddy v Bates deduction: why it should not apply to care
Under Reddy v Bates [1983] IR 141, courts may apply a percentage deduction for "vicissitudes of life", contingencies like premature death from unrelated causes. For loss of earnings, deductions of 15%-25% are relatively common. Applying the same deduction to care costs is heavily contested. The argument: unlike earnings, the need for care typically increases with age. Modern Court of Appeal decisions have scrutinised excessive deductions to care funds, and plaintiff solicitors routinely challenge this [11].
Back to topAre periodic payments available instead of a lump sum?
The Civil Liability (Amendment) Act 2017 [12] introduced Periodic Payment Orders (PPOs) for catastrophic injuries. Instead of a single lump sum, the defendant makes annual, index-linked payments for life, eliminating the risk of the care fund running out.
PPOs have not been used since a 2019 High Court ruling found that the existing indexation mechanism (the Harmonised Index of Consumer Prices, or HICP) would lead to under-compensation because care wage inflation consistently outpaces general price inflation. Working groups reported in July 2024 recommending revised indexation rates, and regulations are being drafted but are not yet in force. According to the Law Society Gazette (2024) [13], the revised PPO scheme aims to tie payments more closely to actual care costs.
This means all care claims in Ireland are currently settled as lump sums. If PPO regulations are enacted, they would offer an alternative for catastrophic cases where lifetime care is required.
After settlement: managing the care fund
Once a lump sum is paid, there is no statutory requirement governing how the money is managed. For wards of court (minors, or adults who lack capacity), the Courts Service controls the fund and approves expenditure. For adults with full capacity, the money is theirs to manage. This creates a real and documented risk: without financial discipline or professional advice, a care fund intended to last 40 years can be depleted within a decade through poor investment, family pressure, or spending on non-care purposes. The claimant then faces a lifetime of care needs with no remaining fund and limited state support. This is precisely the problem PPOs were designed to solve, and it is one reason why solicitors acting for catastrophically injured clients increasingly recommend professional fund management or a trust structure from the outset.
What should a care diary include?
A care diary is a written log of every care task performed, who provided it, and how long it took. It transforms abstract family support into a dataset the Injuries Resolution Board (IRB), formerly the Personal Injuries Assessment Board (PIAB) until 2023, can use to calculate the claim. This is the core output of the ADL Care Audit process.
What to record (minimum 48 hours, aim for 7 days):
| Column | What to note |
|---|---|
| Date and time | Start and end time of each task |
| Task | Specific ADL: e.g. "helped with shower," "assisted with toilet transfer," "supervised stairs" |
| Who provided care | Full name and relationship to injured person |
| Duration (minutes) | Actual time spent, not estimates |
| Day or night | Night care (10 pm to 7 am) is valued separately and usually higher |
| Notes | Anything unusual: pain episode, fall risk, emotional support needed |
Practical tip: Start the diary the day after the accident, even if you think the care need is temporary. Memories fade quickly. A contemporaneous log created in the first weeks carries far more weight than a retrospective estimate written months later when a solicitor asks. This is the single most common mistake in care claims, and also the easiest to prevent.
Protect your care claim: the first 7 days
- Start the care diary immediately. Record every task, who helps, and how long it takes. Use a notebook or phone notes app. Do not wait for a solicitor to ask.
- Ask your GP to note care needs at your first visit. When you see your doctor, tell them specifically what you cannot do independently. Ask them to record in your notes that you require assistance with dressing, bathing, mobility, or other ADLs. This creates a medical timestamp linking your care need to the accident.
- Photograph any mobility aids or home setup changes. If you are using a wheelchair, crutches, commode, bed rail, or shower stool, photograph them in place. If furniture has been rearranged to accommodate your injuries, photograph the new layout.
- Ask each family member helping to keep their own time log. If your spouse helps in the morning and your parent helps in the evening, both should record their own hours. This creates independent corroborating evidence.
- Preserve all receipts for any paid care. If you hired a carer, a home help, or a nurse for even a single session, keep the invoice.
- Note what you could do before vs what you need help with now. Write a simple "before and after" list. For example: "Before: I showered independently. Now: I need my partner to help me in and out of the shower and wash my hair." This baseline comparison is exactly what an OT will later assess formally.
ADL Care Needs Self-Check
Tick each activity where you need help from another person since your accident. This is not a medical assessment. It helps you identify care needs to discuss with your solicitor and document in your care diary.
Which expert reports support a care claim?
For anything beyond a straightforward short-term gratuitous care claim, independent expert evidence strengthens a care and assistance costs submission significantly.
Occupational Therapist (OT) report: An OT conducts a functional assessment in the claimant's home. They objectively measure what the person can and cannot do independently, and recommend the required weekly hours of care, broken down by type (personal care, supervision, night attendance). For future care, the OT's report forms the basis of the multiplicand (the annual cost of care used in the lump sum calculation).
Treating consultant's prognosis: The medical specialist confirms that the injuries directly and causally necessitate the care outlined in the OT report. They should specify whether the care need is temporary (for example, 6 months post-surgery) or permanent and lifelong.
Psychiatric or neuropsychological report: Where injuries include traumatic brain injury (TBI) or severe PTSD, the person may be physically mobile but still require constant supervision due to cognitive deficits, impulsivity, or memory loss. These care needs are frequently challenged by insurers who try to limit claims to physical nursing tasks. Expert evidence here is essential.
Actuarial report: For lifetime care, an actuary applies the multiplicand (from the OT report) and the multiplier (using life expectancy tables and the Russell v HSE discount rate) to produce a precise lump sum figure. Ireland uses its own life tables rather than the UK Ogden Tables, which is another area where UK guidance does not apply directly to Irish claims.
How do state benefits affect your care claim?
Family carers may be receiving state support during the claim period. Understanding how these payments interact with personal injury compensation is essential to avoid under-claiming or facing unexpected deductions.
| Payment | What it is | Interaction with PI claim |
|---|---|---|
| Carer's Allowance [14] | Means-tested weekly payment for full-time carers (up to EUR 270/week for carers under 66, 2026 rate) | May be addressed under the Recoverable Benefits and Assistance (RBA) Scheme. The Department of Social Protection recovers certain payments from the compensator, not from the injured person. |
| Carer's Benefit [15] | PRSI-based payment for people leaving work to care (max 104 weeks) | Similar RBA interaction. The claim should demonstrate that the commercial value of care provided far exceeds the state payment received. |
| HSE Home Support Service [16] | Free, assessment-based home support for over-65s (younger in some cases) | If HSE provides hours, those hours are not separately claimable. But HSE provision is often insufficient, and private top-up hours remain claimable. |
| Carer's Support Grant | Annual payment (EUR 2,000, 2026 rate) to qualifying carers | Not means-tested. Check whether RBA applies to this specific payment. |
Under the Civil Liability Act 1961 [3] (as amended), insurance proceeds and pension payments are generally not deducted from damages. As outlined by Citizens Information [1], illness-related social welfare payments may be recovered from the compensator under the Recoverable Benefits and Assistance (RBA) Scheme, a mechanism by which the Department of Social Protection reclaims certain payments from the insurer. The crucial point: these recoveries come from the insurer's side, not from the injured person's award. Your solicitor should structure the claim to ensure that accepting state support during recovery does not artificially reduce the eventual settlement.
Back to topCan you get tax relief on care costs after settlement?
If you receive a lump sum and then employ a carer, you may be able to claim tax relief under Section 467 of the Taxes Consolidation Act 1997 [5]. The key details:
- Deduction of up to EUR 75,000 per year against taxable income for each incapacitated person
- Relief is at your marginal tax rate (up to 40%)
- Applies whether you employ the carer directly or through an agency
- You cannot claim for amounts paid by the HSE or a local authority
- Claim annually via Revenue myAccount
Important caveat: Section 467 relief works by reducing your taxable income. If you are unable to work because of your injuries and have no taxable income, the relief has no practical value in that year. This is a common situation for seriously injured claimants in the years immediately after an accident. Your financial adviser or accountant should factor this into long-term care fund planning, because the tax saving you expect on paper may not materialise until you return to work or have other taxable income.
Separately, married couples or civil partners where one spouse stays home to provide care may qualify for the Home Carer Tax Credit [17], a credit of up to EUR 1,950 (2026) [17].
How do you submit care costs to the IRB?
When you apply to the Injuries Resolution Board (IRB), care and assistance costs form part of your Schedule of Special Damages [18]. The IRB requires:
- Receipts and invoices for any paid care already received
- Care diary or carer statement documenting gratuitous care hours and tasks (the ADL Care Audit output)
- Medical report confirming the care need is linked to the accident injuries
- OT or care expert report (recommended for future care or complex needs)
- Actuarial projection (for long-term or lifetime care, usually in court rather than IRB)
For modest gratuitous care claims, for example, a partner helping with washing and dressing for 8-12 weeks after a shoulder injury, a detailed carer statement and supporting medical evidence may be sufficient at IRB stage. The IRB operates a desk-based assessment and does not require the same level of expert evidence as a court hearing. In practice, care claims in the EUR 5,000-15,000 range are often accepted by the IRB on the strength of a carer diary, a supporting GP or consultant letter, and a clear schedule of hours and tasks.
Larger future care claims, particularly those projecting lifetime needs, are more likely to proceed beyond the IRB to court. At court, the standard is higher: an OT functional assessment, an actuarial report, and often a care expert or case manager report are expected. Defence counsel will cross-examine each expert. The threshold shift between these two forums matters for strategy. Spending EUR 5,000-10,000 on expert reports for a modest short-term care claim may not be cost-effective, while proceeding to court on a lifetime care claim without those reports is almost certain to result in under-compensation.
What care line items look like in a Schedule of Special Damages
Your solicitor will present care costs as individual line items in the schedule. Here is how the care section is typically structured:
| Item | Detail | Amount |
|---|---|---|
| Past gratuitous care | [Carer name], [relationship]. [Dates]: [X] hrs/week x [Y] weeks x EUR [Z]/hr (commercial rate) less 25% discount | EUR 15,288 |
| Past professional care | [Agency name]. Invoices attached. [Dates]: [X] hrs/week x EUR [Z]/hr | EUR 4,200 |
| Future professional care | Per OT report: [X] hrs/week at EUR [Z]/hr. Annual cost: EUR [A]. Multiplier at 1% discount rate (per actuarial report): [M]. Lump sum: EUR [A] x [M] | EUR 1,240,000 |
| Future respite care | [X] weeks/year professional cover at EUR [Z]/week. Multiplier as above. | EUR 85,000 |
Each line item must be supported by the corresponding evidence: carer diary for gratuitous care, invoices for paid care, OT report for future care hours, and actuarial report for the multiplier. Your solicitor prepares this schedule as part of the IRB application or court pleadings.
This page vs related damage types
| Damage type | What it covers | Dedicated page |
|---|---|---|
| Care and assistance (this page) | Personal care ADLs, supervision, night care, gratuitous care valuation, future care | You are here |
| Domestic help | Cleaning, cooking, laundry, gardening, shopping | Domestic help costs |
| Rehabilitation | Physiotherapy, OT sessions, speech therapy, psychological therapy | Rehabilitation costs |
| Home adaptations | Stairlifts, wet rooms, ramps, wheelchair access, vehicle modifications | Home adaptations |
| Childcare | Costs when injured parent cannot care for children | Childcare costs |
How do Irish care claims differ from UK care claims?
Irish search results for care costs are dominated by UK legal content. The two systems share common-law principles but differ in critical mechanics. If you are relying on UK guidance for an Irish claim, the following differences will affect your case directly.
| Element | Ireland | England and Wales |
|---|---|---|
| Discount rate for future care | 1% (wage-related care), 1.5% (non-wage), per Russell v HSE [2015] | +0.5% (single rate, effective 11 January 2025 for E&W) |
| Hourly rate benchmark (gratuitous care) | Irish commercial agency rates (EUR 25-35/hr) | NJC spinal point rates (approx GBP 12-13/hr) |
| Assessment body | Injuries Resolution Board (IRB), mandatory for most PI claims | No equivalent mandatory assessment body |
| Life tables | Irish Life Tables (CSO) | Ogden Tables (Government Actuary) |
| Periodic Payment Orders | Legislated 2017, currently unavailable (indexation issue) | Available and regularly used since 2005 |
| Limitation period | 2 years from date of knowledge | 3 years from date of knowledge |
| Tax relief on employing a carer | Section 467 TCA 1997, up to EUR 75,000 deduction | No equivalent direct tax deduction for carer employment |
| State care funding for younger adults | No comprehensive scheme (HSE Home Support limited to over-65s in practice) | NHS Continuing Healthcare available regardless of age |
This table covers the Republic of Ireland and England/Wales. Northern Ireland and Scotland have separate discount rates and procedural rules.
Real-world care claim scenarios
A common assumption, shared by claimants and some solicitors, is that care and assistance costs only matter in catastrophic cases involving brain injuries or spinal cord damage. That is wrong. The majority of care claims by volume arise from moderate orthopaedic injuries: a fractured shoulder that means you cannot dress yourself for 8 weeks, a knee surgery that requires help getting in and out of bed for 6 weeks, a back injury that makes bathing unsafe without supervision. These smaller claims are individually worth EUR 3,000 to EUR 20,000, and they are the claims most often left on the table because nobody told the claimant that their partner's daily help had a recoverable value.
| Injury severity | Typical care duration | Gratuitous care range | Professional care range | Key evidence needed |
|---|---|---|---|---|
| Moderate fracture (shoulder, wrist, ankle) | 6-12 weeks | EUR 3,000 - EUR 10,000 | Rarely needed | Care diary, GP letter |
| Severe orthopaedic (disc herniation, complex fracture) | 3-9 months | EUR 8,000 - EUR 25,000 | EUR 2,000 - EUR 8,000 (if night care or specialist help) | Care diary, OT report, consultant prognosis |
| Major surgery with prolonged recovery | 6-18 months | EUR 15,000 - EUR 50,000 | EUR 5,000 - EUR 30,000 | OT report, actuarial projection if ongoing |
| Catastrophic (TBI, spinal cord, severe burns) | Lifetime | EUR 50,000 - EUR 200,000+ | EUR 500,000 - EUR 5,000,000+ | Full OT, actuarial, care expert, psychiatric reports |
These are broad illustrative ranges based on the type and duration of care, not on the injury itself. The Personal Injuries Guidelines [2] set ranges for general damages (pain and suffering) only. Care costs are special damages, calculated separately and uncapped.
Scenario 1: Moderate shoulder fracture (short-term care)
A driver sustains a displaced shoulder fracture requiring surgery. For 10 weeks post-operation, their partner helps with showering, dressing, and getting in and out of bed, roughly 3 hours per day. The partner also handles all driving to medical appointments. The personal care element (ADLs) is claimed as gratuitous care on this page. The driving to appointments is claimed under travel and parking costs.
Scenario 2: Severe back injury (medium-term care)
A passenger develops a disc herniation with nerve compression. Six months of daily care from a parent is needed: help with stairs, bathing, and mobility. Night-time repositioning is required for the first 8 weeks. An OT report documents the care need. Both day and night hours are logged in the care diary, with night hours valued at a higher rate.
Scenario 3: Traumatic brain injury (lifelong care)
A young adult sustains a severe TBI. They are physically mobile but cannot live independently due to cognitive impairment, impulsivity, and memory loss. They require 24-hour supervision, a mix of professional carers during the day and family support at night. An actuarial report calculates lifetime care using the 1% discount rate from Russell v HSE. This is typically the largest single component of the award, often exceeding the general damages cap.
What mistakes reduce care awards?
- No care diary: Without a contemporaneous log, valuations rely on retrospective estimates, which insurers aggressively challenge.
- Assuming family help is free: Failing to claim gratuitous care leaves significant money on the table.
- No OT report for future care: Courts require independent expert evidence to project lifetime care needs. A medical report alone is usually insufficient.
- Confusing care with domestic help: Mixing ADLs (personal care) with IADLs (housework) weakens both claims. Keep them separate.
- Ignoring night care: Night-time interventions (turning, toileting, reassurance) are high-value and often forgotten.
- Not accounting for care wage inflation: Today's hourly rates will increase over the claimant's lifetime. Actuarial projections must reflect this.
- Accepting a lump sum without PPO assessment: When PPO regulations take effect, lifetime claimants should evaluate whether annual payments better protect their care fund.
- Social media contradicting your claim: Insurers routinely monitor claimants' social media profiles and may instruct private investigators. A photograph showing you at a social event, carrying shopping bags, or playing with children while claiming you need help with basic personal care can be used to argue fundamental dishonesty. This does not mean you cannot leave the house. It means the care you claim must be consistent with how you present your daily life. Discuss social media use with your solicitor early.
- Forgetting that contributory negligence reduces care costs too: If you are found 25% at fault (for example, not wearing a seatbelt), the court reduces your entire award by 25%, including the care component. People expect general damages to reduce but assume "real costs that still need paying" are protected. They are not. A claimant who needs EUR 100,000 in care but is 25% at fault receives EUR 75,000 for care. The shortfall comes from their own resources. This makes the seatbelt decision, phone use, or any other contributory factor directly relevant to the care fund's adequacy.
Free templates and checklists
Care diary template (PDF) - 7-day log with columns for date, time, task, carer, duration, and notes.
ADL Care Audit checklist (PDF) - Structured review of every personal care task with before/after comparison.
Carer statement template for IRB (DOCX) - Template for the family member to formally describe the care they provided.
Common Questions
Can I claim for help from my spouse or parent?
Yes. Gratuitous care provided by any family member or friend is recoverable as special damages in Ireland. The compensation is held on trust for the person who provided the care.
- The care must be over and above what was provided before the accident.
- Keep a diary of hours, tasks, and who helped.
- Commercial rates minus a discount (25%-33%) apply in most cases.
Why it matters: Gratuitous care is one of the most undervalued components because people assume unpaid help is not claimable.
Next step: Citizens Information [1]
What discount rate applies to future care in Ireland?
The discount rate is 1% for wage-related care costs and 1.5% for non-wage costs (aids and appliances), following Russell v HSE [2015] IECA 236. These rates were confirmed unchanged in July 2024.
- The previous rate (3%) significantly undercompensated claimants.
- The 1% rate applies to all injury types, not just catastrophic cases.
- Section 24 of the Civil Liability and Courts Act 2004 gives the Minister power to formally prescribe the rate, though this has not yet been exercised.
Why it matters: The discount rate is the single biggest variable in future care calculations, affecting lump sums by hundreds of thousands of euros.
Next step: Kent Carty Solicitors [10]
How much are care costs typically worth?
It depends entirely on injury severity and duration. Short-term gratuitous care after a moderate fracture might total EUR 5,000 to EUR 20,000. Lifetime care for a catastrophic injury can run into millions.
- Awards are evidence-driven: diary, OT report, actuarial projection.
- The Personal Injuries Guidelines do not set care cost figures. They cover general damages only [2].
- Each case is assessed on its own facts.
Why it matters: Care costs often exceed the general damages award in serious cases.
Next step: Full damages overview
Do I need a care diary?
A care diary is not legally required, but it is the single most persuasive piece of evidence for any care claim. Without one, your solicitor must reconstruct the care need from memory, which is far less compelling to the IRB or a court.
- Start within 24 hours of the accident.
- Record every task, time, and carer.
- Include night-time interventions.
Why it matters: A well-kept diary can add thousands to a settlement by proving the actual extent of care provided.
Next step: IRB Claimant Guide [18]
Can I get tax relief on paying a carer after settlement?
Yes. Under Section 467 TCA 1997, you can deduct up to EUR 75,000 per year of carer employment costs against your taxable income, at your marginal rate (up to 40%).
- Applies whether you employ the carer directly or via an agency.
- HSE-funded care is excluded.
- Claim through Revenue myAccount annually.
Why it matters: A 40% taxpayer employing a full-time carer at EUR 50,000/year saves EUR 20,000 in tax, significant for making a lump sum last.
Next step: Revenue [5]
Can I get annual payments instead of a lump sum for care?
Not currently. Periodic Payment Orders (PPOs) were legislated in 2017 but have not been used since 2019 due to an indexation problem. Revised regulations are being drafted (as of March 2026) but are not yet in force.
- PPOs would eliminate the risk of a care fund running out.
- They are designed for catastrophic, lifelong-care injuries.
- Until regulations pass, all claims are settled as lump sums.
Why it matters: Watch for regulatory changes. PPOs may become available during your claim.
Next step: Law Society Gazette [13]
What if I used to care for someone else and now cannot?
If your injuries prevent you from providing care to a family member you previously looked after (for example, an elderly parent), you can claim the cost of replacement care, the expense of hiring someone to provide the services you can no longer offer. This is sometimes called a "lost services" claim.
Why it matters: This head of damage is regularly overlooked, leaving families to absorb costs that rightfully belong in the claim.
Next step: Damages overview
Does HSE home support reduce my care claim?
Only for the specific hours the HSE provides. If the HSE gives you 5 hours per week but you need 30, the remaining 25 hours are still claimable. Many claimants need far more support than the HSE can offer, particularly younger adults with acquired injuries who fall outside the over-65 target group.
- HSE hours are limited by funding, not by your actual need.
- Private top-up hours are claimable as special damages.
- Your solicitor should quantify the gap between what HSE provides and what you actually require.
Why it matters: Accepting HSE provision as "enough" when it plainly is not can leave you severely under-compensated.
Next step: HSE Home Support Service [16]
References
- Citizens Information, Negligence and compensation (2025)
- Judicial Council, Personal Injuries Guidelines (2021)
- Law Reform Commission, Civil Liability Act 1961 (revised)
- Kennedys Law, Discount rates in Ireland to remain at 1% and 1.5% (July 2024)
- Revenue, Employing a carer, Section 467 TCA 1997 (2025)
- Indeed Ireland, Home care worker salary (2025)
- PayScale Ireland, Home care worker hourly rate (2025)
- Walsh v Tesco Ireland Ltd [2019] IECA 64 (Court of Appeal)
- HSE, Pay scales (March 2025)
- Kent Carty Solicitors, Discount rate guide (2023)
- Irish Legal News, Court of Appeal deduction ruling (2021)
- Irish Statute Book, Civil Liability (Amendment) Act 2017
- Law Society Gazette, PPO overview (2024)
- Citizens Information, Carer's Allowance (2025)
- Citizens Information, Carer's Benefit (2025)
- Citizens Information, HSE Home Support Service (2025)
- Citizens Information, Home Carer Tax Credit (2025)
- Injuries Resolution Board, Claimant Guide (2025)
Related internal guides: Car accident claims hub | All damage types | Claims process (IRB) | Settlement offers explained | Medical records for your claim
Gary Matthews Solicitors
Medical negligence solicitors, Dublin
We help people every day of the week (weekends and bank holidays included) that have either been injured or harmed as a result of an accident or have suffered from negligence or malpractice.
Contact us at our Dublin office to get started with your claim today
