When a serious injury changes what you can do from day to day, it is often the people closest to you who fill the gap. A partner who drives you to appointments. A parent who comes over to cook and clean. A friend who gives up weekends to help you manage. What many injured Queenslanders do not realise is that this unpaid care and assistance can form part of a personal injury claim, and it is a head of damage that is frequently overlooked or undervalued.

What Are Gratuitous Services Damages?

“Gratuitous services” is the legal term for care provided without payment, typically by a family member or friend. In a personal injury context, it refers to the practical help you now rely on because your injury has left you unable to manage everyday tasks independently.

The right to claim for this care has a long foundation in Australian law. In Griffiths v Kerkemeyer [1977], the High Court recognised that an injured person is entitled to recover damages for services provided free of charge by another person. The logic is straightforward: the injured person has suffered a real loss, the loss of capacity to care for themselves, and that loss exists whether or not money has changed hands.

In Van Gervan v Fenton [1992] HCA 54, the High Court confirmed that the amount is assessed by reference to the commercial value of the services, not the actual financial loss of the person providing them. In practical terms, even if your spouse took unpaid leave to care for you, the claim is assessed at what it would cost to hire someone commercially to do the same tasks.

How Queensland Law Sets the Threshold

These common law principles are now reflected in Queensland legislation. Under section 59 of the Civil Liability Act 2003 (Qld), three conditions must be met.

The Three Requirements

1. The care must be necessary and arise solely from your injury. If you were already receiving the same type of help before the injury, that assistance generally cannot be claimed. The need must be a direct consequence of the injury itself.
2. The care must be provided for at least six hours per week. Occasional or minimal assistance that falls below this threshold will not qualify.
3. The care must be required for a minimum of six months. This duration threshold applies whether the care has already been provided, is ongoing, or is expected to continue into the future.

What Counts as a Gratuitous Service?

The law does not provide an exhaustive list. In practice, recoverable services include:

• Transport to and from medical appointments, rehabilitation and therapy
• Personal care such as assistance with bathing, dressing and medication management
• Domestic tasks the injured person can no longer perform, including cooking, cleaning, laundry, gardening and home maintenance
• Shopping, errands and other day-to-day tasks requiring physical capacity that has been lost

What Does Not Qualify

Not everything a loved one does after an injury is recoverable. Two exclusions are well established.

Assistance that would have been provided anyway as an ordinary part of your relationship does not qualify. In Van Gervan v Fenton, the court confirmed that services which are simply an incident of the domestic relationship, things a spouse or partner would do regardless of any injury, are not recoverable as gratuitous services damages.

Emotional support is also outside the scope of this head of damage. In Maria Irene Reid v Seltsam Pty Ltd [2021] VSC 653, the court found that psychological support by a family member, while genuinely valuable, is a benefit incidental to an intimate relationship rather than a “service” in the legal sense. Where the emotional toll of an injury is significant, that is generally addressed through general damages for pain and suffering.

Not sure whether the care your family provides could be included in your claim? The team at AX Compensation Lawyers can review your situation and explain where you stand under Queensland law. Book an obligation free consultation — it takes around 15 minutes and there is no obligation to proceed.

How Is the Amount Calculated?

Once a claim meets the threshold, the amount is calculated by reference to the commercial cost of equivalent services. This means looking at what it would cost to engage a paid carer, a domestic cleaner, a driver or another relevant provider to do what your family member or friend is doing for free.

This assessment covers both past care already provided since the date of injury and future care expected to continue. Both are recoverable where the evidence supports them. Detailed records of hours, tasks and dates are important in establishing that evidence.

Does This Apply to Workers’ Compensation and CTP Claims?

The Civil Liability Act 2003 framework described above applies to common law personal injury claims. The position differs under Queensland’s other compensation schemes.

For statutory workers’ compensation claims, section 193 of the Workers’ Compensation and Rehabilitation Act 2003 provides a separate lump sum entitlement for gratuitous care. It applies where a worker sustains an injury resulting in a degree of permanent impairment (DPI) of 15% or more, combined with a moderate to total level of dependency on day-to-day care for fundamental activities of daily living. Additional conditions apply: the care must be provided voluntarily at the worker’s home, the worker must reside there permanently, and the level of care must not have been provided before the impairment was sustained. This is a distinct entitlement from the common law head of damage and is assessed differently.

For CTP claims arising from motor vehicle accidents, the threshold conditions in section 59 of the Civil Liability Act 2003 (Qld) apply to common law claims for gratuitous services damages. The same requirements apply: the care must be necessary, arise solely from the injury, and be provided for at least six hours per week for a minimum of six months.

If you are pursuing a claim under any of these schemes, the advice you receive should address how care and assistance is treated within that specific framework. The team at AX Compensation Lawyers handles claims across all of these schemes and can explain how the rules apply to your situation.

Keeping Records: Why It Matters

One of the most practical steps you can take is to keep thorough records from as early as possible after the injury. Claims are often finalised months or years after the care began, and a contemporaneous record carries considerably more weight than one reconstructed from memory.

A useful care diary should record:

• The date and time care was provided
• Who provided it
• What tasks were performed and how long they took
• Any relevant medical or rehabilitation appointments involved

Medical evidence from treating doctors and specialists can also support the claim by documenting your functional limitations and the care needs that flow from them. This evidence links your injuries to the need for assistance, which is a necessary part of establishing entitlement.

When Legal Advice Makes a Difference

Gratuitous services can represent a significant component of a personal injury claim where injuries are serious and the care sustained. It is also one that is commonly undervalued or missed when a person navigates the claims process without legal guidance.

Where the injury is minor, recovery is swift, and the care provided was minimal and short-lived, it is worth considering whether legal representation is proportionate. In those situations, an early conversation with a lawyer can clarify whether a claim for this head of damage is likely to be worthwhile, before any commitment is made.

Where care needs are more significant and ongoing, properly quantifying past and future gratuitous services, gathering the right evidence, and presenting this head of damage effectively is work that a personal injury lawyer with experience in Queensland law is well placed to assist with.

AX Compensation Lawyers works on a No Win, No Fee* basis, which means you don’t pay legal fees unless your claim is settled. If you would like to understand how that arrangement works, our No Win No Fee guide explains the details clearly.

Frequently Asked Questions

Can I claim unpaid help from a family member or friend?

You may be able to claim if the help was necessary because of your injury, arose solely from that injury, and was provided for at least six hours per week for a minimum of six months. These are the conditions set out in section 59 of the Civil Liability Act 2003 (Qld).

What kinds of tasks can be included?

Recoverable services include transport to medical or rehabilitation appointments, personal care such as bathing and dressing, and domestic tasks including cooking, cleaning and laundry. The list is not exhaustive.

Can I claim for emotional support or ordinary help in a relationship?

Generally not. Emotional support is not a recoverable service under this head of damage, and assistance that would have been provided anyway as a normal part of the relationship is excluded. Both exclusions are well established in the case law.

How is the amount worked out?

Compensation is assessed by reference to the commercial cost of equivalent services, not by what the carer actually lost in wages or time. The calculation covers care already provided and care expected to continue.

What records should I keep?

A care diary is valuable. Record the date, who provided the care, what tasks were done and how long they took, and any related appointments. Medical evidence documenting your functional limitations strengthens the claim further.

Have questions about your legal rights after a personal injury in Queensland? The team at AX Compensation Lawyers can explain how Queensland law applies to your situation. Book an obligation free consultation — it takes around 15 minutes, and there is no obligation to proceed.

This article was written by the team at AX Compensation Lawyers, personal injury lawyers helping Queenslanders understand their rights after an injury.