A lot of people haven’t been told about all the benefits they are eligible to receive after they’ve sustained injury due to another person’s negligence. Most people believe that their medical bills and property damages are all that they’re eligible to recover. However, you may be entitled to additional compensation from your own insurance through your PIP coverage. If you need help around the house after your injuries, you may be entitled to recover compensation for the household services performed in your stead.
What Are Household Essential Services?
Household essential services are a type of economic damages for which the injured party may request compensation. Generally speaking, household essential services refer to duties around the home that the injured party is either temporarily or permanently unable to fulfill, that they were able to do before they were injured. Household services may include basic housekeeping services such as cleaning and maintenance, but household services are not limited to cleaning and maintenance. A person may request compensation for household services when they need help preparing meals, tending to children and pets, gardening and lawn maintenance , and more. When an injury compromises your ability to manage the day-to-day affairs of the home, you may be eligible to receive compensation for the additional services you require.
How Are These Damages Calculated?
When claimants request compensation for household essential services, how it’s calculated depends on the state you live in and where your insurance policy is based. Some states will have a statutory cap that precludes you from receiving more than a certain amount per day. Other states will have this limit written into your insurance policy language.
. In some states, plaintiffs may be required to provide proof that household services were indeed performed. Since friends, family, and loved ones may all perform household services, it’s important to keep detailed records of this. Most people do not understand the importance of doing so at the time of the service, therefore they do not keep any records at all. This is another reason to speak with a personal injury attorney sooner rather than later, as personal injury attorneys can help you understand your damages, and how to document them.
Are There Rules and Standards?
As previously mentioned, there are some rules and standards regarding household services. Plaintiffs are generally unsuccessful when their claims are speculative, arbitrary, or otherwise unsupported by evidence. Plaintiffs may calculate the replacement cost of the household services by calculating the time spent doing household services and multiplying that number by the hourly cost of the household services. For example, if you need someone to clean your home, and it takes two hours per week to clean your home, and the average cost of cleaning services is $50 per hour, and you need help cleaning your home for two years, you may be entitled to $10,400 worth of household services. Furthermore, though anyone is able to aid with household services, you may be required to prove that the person actually did help with the household services.
Can You Claim Household Services Alongside Other Claims?
Yes, you can claim household services alongside other items such as loss of enjoyment of life, pain and suffering, loss of earning potential, and loss of income.
To be clear, loss of earning potential, loss of income, and household services are not the same thing. Furthermore, if you’ve sustained a permanent injury, you may be eligible for disability benefits, as well as household services. In order to determine the exact value of your claim, you’ll need to speak with an experienced personal injury attorney who understands your circumstances, as well as both your economic damages and non-economic damages.
Legal Representation Is Important
Hiring a personal injury attorney is the best way to ensure that the compensation you receive is fair. Even if the insurance company is offering you a settlement that you think is fair, it may not include all of your damages. Many people aren’t aware that you can ask for compensation for household services, as well as receive disability benefits and loss of earning potential compensation. You don’t need to hire a personal injury attorney, but you should always attend the free consultation in order to fully explore your legal options. In most cases, hiring a personal injury attorney results in a higher settlement or judgment.
If you have been injured, and you’re ready to file your claim, there’s no better firm than Moxie Law Group. At Moxie Law Group, our attorneys are dedicated to ensuring that you have the compensation you need to recover from your injuries. If you have been injured, contact Moxie Law Group today for a free consultation.