Can my family be paid for the around-the-clock care they give me after my injury?

· 2 min read

Care provided by family members can be a recoverable element of damages in Georgia, even when no money changes hands within the family. The principle is that the negligent party should bear the value of necessary care made unavoidable by the injury, and that value does not disappear simply because a spouse, parent, or adult child steps in instead of a paid nurse.

The value of gratuitous care

When relatives give up time, sleep, and often their own jobs to provide constant care, that care has a reasonable market value. Georgia law focuses on the reasonable cost of the care the injury makes necessary, so the fact that a loved one provides it without charging does not automatically reduce the claim to zero. The defense cannot always benefit from a family’s sacrifice. That said, recovery turns on proving the care was reasonably necessary and establishing a credible value for it.

Evidence that supports this kind of claim often includes:

  • Medical testimony that the injured person requires the level of care being provided.
  • A description of the specific tasks performed and the hours involved.
  • Cost data showing what comparable professional care would cost in the area.

How the value is measured and presented

A life-care planner typically documents the care needs and the hours required, then values them using local rates for the equivalent professional services, such as a home health aide or skilled nurse. This converts informal family caregiving into a figure a jury can evaluate. The supporting opinions must meet the reliability standards of O.C.G.A. § 24-7-702, which Georgia courts apply through the Daubert framework, so the valuation needs a sound basis.

Because much of this caregiving will continue into the future, the future portion may be reduced to present value, which O.C.G.A. § 51-12-13 allows the jury to do for economic damages at a 5 percent or other appropriate rate.

The bottom line

In Georgia, the around-the-clock care a family provides after a serious injury can carry real compensable value, measured by what equivalent professional care would reasonably cost. With medical support for the need and credible cost evidence, family caregiving is not treated as free simply because it comes from loved ones.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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