The first is the determination of the number of nurses. The principle of nursing staff is one person. If the medical institution or appraisal institution has a clear opinion, the court may refer to determine the number of two or more nurses.
Secondly, the determination of nursing period requires the parties to provide written diagnosis conclusions of medical institutions.
Finally, the calculation of nurses' income. This is the most critical part of nursing expenses. The law stipulates the calculation of nursing expenses in two cases. One is that the nursing staff has income and is calculated with reference to the lost time. If the nursing staff does not accept or employ nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level.
This is the analysis made by the professional lawyers of Beijing traffic accident compensation Consulting Center Network that I found in Baidu. This paper introduces in detail the calculation method, settlement skills and matters needing attention of traffic accident nursing expenses, as well as other traffic accident compensation projects (medical expenses, lost time, living expenses of dependents, etc.). ) It is also explained in detail in their central network. Their center is well-known in the industry in dealing with traffic accident compensation, providing zero-risk legal services. You can handle the case first and then pay. There are also professional lawyers who can answer online for free.
How to calculate the nursing fee according to the compensation standard for traffic accidents refers to the cost that the victim's ability to act and take care of himself is reduced to a certain extent due to physical health and other reasons after a road accident, and the person responsible for the accident pays compensation according to a certain standard. The occurrence of nursing expenses is necessary for the victims to recover their health, and the causal relationship with traffic accidents is also direct, so they should be compensated.
Calculation formula of compensation amount for nursing expenses:
Article 2 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates that "the nursing fee shall be determined according to the income of nursing staff, the number of nurses and the nursing period." "Nursing staff have income, calculated with reference to the provisions of the lost time; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference. " "The nursing period should be calculated until the victim recovers his ability to take care of himself. If the victim can't recover his self-care ability due to disability, he can determine a reasonable nursing period according to his age, health status and other factors, but the longest period is no more than 20 years. " "The nursing level of the victim after disability should be determined according to the degree of nursing dependence and the equipment of disability AIDS." According to the above regulations, different calculation standards should be applied to the calculation of nursing expenses according to whether the nursing staff have income or not. (a) nursing staff have income, according to the provisions of the calculation of lost time. The calculation standard of lost time fee has been elaborated in detail in the part of this book about the calculation formula of lost time fee compensation, so I don't need to say it here.
(two) if the nursing staff have no income or employ nursing staff, it shall be calculated according to the labor remuneration standard of nursing staff at the same level in the place where the traffic accident occurred. The so-called "no income" here refers to people whose source of livelihood is mainly or completely dependent on the supply of others, or people who occasionally have a small amount of income but are not enough to maintain a normal life, mainly referring to unemployed people in cities and towns and people who have not participated in rural areas, including college students, students of various primary and secondary schools, other young people under 16 who have not participated in work, and people who have reached working age but lost their ability to work in rural areas.
1. How do the parties to the accident ask the traffic police to preside over mediation? The parties must * * * request mediation, and the traffic police will mediate the identification of property losses, the fault of the parties, the liability for compensation and the way of compensation on the spot. If an agreement is reached, the traffic police shall record the mediation results in the summary record of traffic accidents, which shall be signed by the parties and delivered on the spot. If a party has any objection to the identification of a traffic accident, disagrees with the mediation of the traffic police, refuses to sign the summary procedure of the traffic accident, and fails to reach an agreement after mediation, the traffic police shall state the relevant information on the summary procedure of the traffic accident and deliver it on the spot. If the mediation fails to reach an agreement or the parties fail to perform after the mediation takes effect, the parties may bring a civil lawsuit to the people's court with the summary procedure of traffic accidents as evidence. 2. What are the situations in which the traffic police do not mediate? In any of the following circumstances, mediation is not applicable, and the traffic police can deliver it to the parties after stating the relevant information in the summary procedure of traffic accidents: (1) the parties cannot provide evidence of traffic accidents, and the traffic police cannot make a traffic accident identification due to changes in the scene; (two) the parties have objections to the identification of traffic accidents; (three) the parties do not agree to mediation by the traffic police; (four) the parties refused to sign a summary procedure to deal with the accident. 3. What is the time limit for the traffic administrative department of the public security organ to mediate traffic accident damages? The time limit for mediation of traffic accident damages by the traffic administrative department of the public security organ is ten days. 4. How to determine the starting period of mediation? If property losses are caused, they shall be counted from the date when the losses are determined; If personal injury is caused, it shall be counted from the date of the end of treatment; Disability due to injury, counting from the date of disability; If a person dies, it shall be counted from the date when the prescribed time limit for handling the funeral expires. 5. What should I do if the mediation participants cannot participate in the mediation as scheduled for some reason? If mediation participants are unable to participate in mediation on schedule for some reason, they shall notify the traffic police one day before the agreed mediation time and request to change the mediation time. 6. Who can participate in mediation? Participants in traffic accident mediation include: (1) traffic accident parties and their agents; (2) The owner or manager of the traffic accident vehicle; (3) Other personnel that the traffic administrative department of the public security organ deems necessary to attend. The entrusted agent shall issue a power of attorney signed or sealed by the principal. The power of attorney shall specify the entrusted matters and licensing rights. How many parties should participate in mediation at most? The number of parties involved in mediation shall not exceed three. 7. How many police officers should preside over the mediation? The traffic administrative department of the public security organ shall assign two traffic policemen to preside over mediation. 8. How does mediation work? Mediation shall be conducted in public, and the time for mediation of accidents shall be announced in advance. 9. Is mediation allowed? They are allowed to participate in mediation, unless the parties request not to make it public. 10. traffic accident compensation dispute, can the parties directly bring a civil lawsuit to the people's court? Article 74 of the Law of the People's Republic of China on Road Traffic Safety stipulates that in the case of a dispute in traffic accident compensation, the parties may request the traffic administrative department of the public security organ for mediation, or they may directly bring a civil lawsuit to the people's court. What are the procedures for mediation of traffic accident damages? Traffic accident compensation dispute mediation is conducted according to the following procedures: (1) Introduce the basic situation of traffic accidents; (2) Read the traffic accident confirmation; (three) analysis of the objective facts of traffic accidents caused by the fault of the parties, and education; (4) Determine the liability of the parties for damages according to the responsibilities of the parties identified in the Certificate of Traffic Accident and the provisions of Article 76 of the Road Traffic Safety Law of the People's Republic of China; (5) Calculate the total amount of personal injury compensation and property loss, and divide the amount shared by all parties. If personal injury is caused, it shall be calculated according to the compensation items and standards stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases. Repair costs and discount compensation costs are calculated according to actual values. If the parties dispute the actual value, they shall entrust a qualified assessment agency to assess the property losses; (6) Determine the compensation method. If traffic accidents cause damage, mediation shall be conducted in accordance with the principles of fairness, reasonableness and voluntariness. 12. What should the parties do if the mediation fails to reach an agreement? After mediation by the traffic administrative department of the public security organ, if the two parties fail to reach an agreement, the parties may bring a civil lawsuit to the people's court. 13. What if the parties fail to perform the agreement reached through mediation? After mediation by the traffic administrative department of the public security organ, if the agreement is not fulfilled, the parties may bring a civil lawsuit to the people's court.
How to calculate the nursing fee in traffic accident compensation? If the nursing staff has income, it shall be calculated with reference to the provisions on lost time. If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference. The nursing period should be calculated until the victims of traffic accidents recover their self-care ability. If the traffic accident victim can't recover his self-care ability due to disability, he can determine a reasonable nursing period according to his age, health status and other factors, but the longest period is no more than 20 years. After the victim is disabled, the nursing level should be determined according to the degree of nursing dependence and the preparation of disability AIDS. The specific calculation formula is as follows: the compensation amount of nursing expenses = the reward standard of nursing workers at the same level in the place where the traffic accident occurred × the number of nursing days or the compensation amount of nursing expenses = the nursing staff's lost time.
How to calculate the nursing expenses in traffic accident compensation case? 70. The compensation standard for the traffic accident compensation project mainly includes the following three parts: 1. The criteria for distinguishing rural residents from urban residents; The second is the compensation standard for the road traffic accident compensation project; Third, the compensation standard of the amount of property compensation for road traffic accidents. The Interpretation of Personal Injury Compensation implements the principle of comprehensive compensation in terms of compensation items and compensation standards. Among them, rehabilitation expenses and follow-up treatment expenses have been increased in the compensation project, and "disability compensation" has replaced "living allowance for the disabled". It is embodied in Articles 17 and 18 of the Interpretation of Personal Injury Compensation: (1) The compensation items for personal injury suffered by victims include: medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses. (2) In addition to 1, the compensation items for the victim's disability due to injury also include: disability compensation, disability assistive devices, living expenses of dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment. (3) The compensation items for the victim's death include: in addition to 1, the compensation for funeral expenses, living expenses of dependents, death compensation and other reasonable expenses such as transportation, accommodation and lost time. (four) the victim or the close relatives of the deceased suffered mental damage.
How to calculate and compensate the 8-level nursing expenses of traffic accidents? According to the Supreme Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the compensation standard is advocated.
Nursing expenses: based on the income and number of nursing staff. The lactation period is determined. If the nursing staff has income, it shall be calculated with reference to the standard of lost time; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level.
It is recommended to visit tieba.baidu./p/4313271848 to consult senior lawyers in your area.
Traffic accident compensation spent 100 days in nursing, rested for three months, and had little time. You have a doctor's certificate that you can take sick leave for three months. There are not only three months of nursing expenses, but also three months of lost time, and the insurance company has to pay for it. If the perpetrator is fully responsible, you don't have to handle all the business of the insurance company. You just need to hold the perpetrators accountable. I wish you a speedy recovery.
20 17 how to calculate the compensation standard for traffic accident nursing expenses according to article 17 of the judicial interpretation of the Supreme People's Court on the trial of personal injury compensation cases, the victim who suffers personal injury has the right to request the obligor to pay the traffic accident nursing expenses.
Nursing expenses refer to the losses and expenses incurred in nursing disabled victims during or after treatment. The compensation standard of traffic accident nursing expenses should be determined according to the income status of nursing staff, the number of nurses and the nursing period.
Nursing duration
The nursing period should be calculated until the victim recovers his self-care ability. If the victim can't recover his self-care ability due to disability, a reasonable nursing period can be determined according to his age, health status and other factors, but the longest period is no more than 20 years. If it is necessary to continue nursing beyond the prescribed nursing period, the victim may bring a lawsuit to the people's court and request to continue to pay the nursing fee. The court shall order the compensation obligor to pay the relevant expenses for 5 to 10 years according to the case. Traffic accident compensation Project: Zhang Peiming. /show- 16-2340- 1。
Nursing level
After the victim is disabled, the nursing level should be determined according to the degree of nursing dependence and the preparation of disability AIDS. The determination of nursing grade should be carried out by medical institutions or appraisal institutions.
Number of nurses
In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference.
Calculation of nursing expenses
If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level.
Calculation formula of nursing expenses: the compensation amount of nursing expenses = the remuneration standard of nursing workers at the same level in the place where the traffic accident occurred multiplied by the number of days multiplied by the number of nurses.
20 16 traffic accident compensation, Xinjiang Yili nursing fee standard traffic accident compensation standard. Including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses, the compensation obligor shall compensate.
the Supreme People's Court
Interpretation of some problems on the application of law in the trial of personal injury compensation cases
Article 17 If the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and reduced income caused by absenteeism, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment.
If the victim dies, the compensation obligor shall compensate the funeral expenses, living expenses of the dependents, death compensation and the victim in addition to the relevant expenses stipulated in the first paragraph of this article.