How to compensate for negligent injury?

According to Article 235 of China's Criminal Law, whoever negligently injures others and causes serious injuries shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. In addition, according to Article 1 19 of the General Principles of the Civil Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, as well as the provisions of China's Criminal Procedure Law and the Supreme Court on the scope of accepting incidental civil actions, the relatives of victims can claim subcutaneous compensation: medical expenses, hospital food subsidies, nutrition expenses, escort expenses, transportation expenses, lost time expenses, and so on. All kinds of compensation have detailed provisions, and it is necessary to hire a special lawyer to calculate according to the case. Due to the death of the victim, the compensation items mainly include death compensation, funeral expenses, living expenses of the dependents, spiritual comfort (no claim can be made in criminal incidental civil litigation), transportation expenses, medical expenses (if the victim dies after being rescued) and nursing expenses.

Expenses, etc. The standard of compensation Our country's laws stipulate that there is a great difference between urban hukou and rural hukou. It is also related to the age of the victim. If the victim is under 60 years of age, he shall be compensated for 20 years in a unified way, and if he is over 60 years of age.

For the above personnel, the compensation coefficient will be reduced by one year for each year of increase, and for those over 75 years of age, the compensation will be unified for five years. The legal basis is the Supreme People's Court's Opinions on the Trial of Personal Injury Compensation Cases.

Article 28 The living expenses of the dependents shall be determined according to the degree of disability of the dependents and the per capita consumption expenditure of urban residents and the per capita annual living consumption expenditure of rural residents in the last year where the appeal court is located.

Standard calculation. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for people over 60 years old, the age decreases with each year of increase 18 years old; Seventy-five years of age or older, calculated by five years. A supporter refers to a minor who should bear the obligation of support according to law or an adult close relative who has lost the ability to work and has no other source of income. If the dependents have other dependents, the compensation obligor shall only compensate the victim for the part that he should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year.

Twenty-ninth death compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the court of appeal is located. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.