Second, according to Article 17 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, if the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and income reduced due to missed work, 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, in addition to compensating the relevant expenses stipulated in the first paragraph of this article according to the rescue and treatment, also compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation, accommodation, lost time and so on for the funeral expenses of the relatives of the victim.
Eighteenth victims or close relatives of the deceased have suffered mental damage, and the obligee requests the people's court for compensation, which shall be determined in accordance with the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Tort.
The right to claim compensation for mental damage shall not be transferred or inherited. However, the obligor for compensation has promised to pay monetary compensation in writing, or the obligee for compensation has brought a lawsuit to the people's court.
Nineteenth medical expenses are determined according to the receipts of medical expenses and hospitalization expenses issued by medical institutions, combined with medical records and diagnosis certificates and other relevant evidence. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof.
The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. The obligee can sue separately after deducting the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses of organ function recovery training. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.
Article 20 The lost time fee shall be determined according to the lost time fee and income of the victim.
The lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability.
If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.
Twenty-first nursing expenses are determined according to the income of nursing staff, the number of nurses and the nursing period.
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. 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 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.
After the victim is disabled, the nursing level should be determined according to the degree of nursing dependence and the preparation of disability AIDS.
Twenty-second transportation expenses shall be calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to other hospitals for treatment. Transportation expenses should be based on official bills; Relevant credentials shall be consistent with the place, time, times and frequency of medical treatment.
Twenty-third hospital food subsidies can be determined with reference to the standard of food subsidies for ordinary staff of local state organs.
The victim really needs to go to other places for treatment and cannot be hospitalized for objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim and his entourage shall be compensated.
Twenty-fourth nutrition fee is determined according to the disability of the victim with reference to the opinions of medical institutions.
Article 25 Disability compensation shall be calculated from the date of disability according to the degree or level of disability of the victim and the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the appeal court is located, and the calculation period shall be 20 years. 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.
If the victim is disabled due to a work-related injury, but his actual income has not decreased, or his disability level is light, but his employment is seriously affected by occupational hazards, his disability compensation can be adjusted accordingly.
Article 28 The living expenses of the dependents shall be calculated according to the degree of disability of the dependents and the per capita consumption expenditure of urban residents and the per capita annual consumption expenditure of rural residents in the last year where the appealed court is located. 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 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.
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.
Article 30 If the compensation obligee proves that the per capita disposable income of urban residents or the per capita net income of rural residents in his domicile or habitual residence is higher than the standard of the place where the sued court is located, he may calculate disability compensation or death compensation according to the relevant standard of his domicile or habitual residence.
The relevant calculation standards for the living expenses of the dependents shall be determined in accordance with the principles stipulated in the preceding paragraph.
Article 31 The people's court shall, in accordance with Article 131 of the General Principles of the Civil Law and Article 2 of this Interpretation, determine the actual amount of compensation for property losses in Articles 19 to 29.
In principle, the compensation for material damage determined in the preceding paragraph and the compensation for mental damage determined in accordance with the provisions of the first paragraph of Article 18 shall be paid in one lump sum.
Article 35 The per capita disposable income of urban residents, the per capita net income of rural residents, the per capita consumption expenditure of urban residents, the per capita annual consumption expenditure of rural residents, and the average wages of employees as mentioned in this Interpretation shall be determined on the basis of the relevant statistical data of provinces, autonomous regions, municipalities directly under the Central Government, special economic zones and cities with separate plans published by the government statistics department in the previous year.
"Last year" refers to the last statistical year at the end of the debate in the Court of First Instance.
The compensation items that can be proposed include: medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, necessary nutrition expenses, disability compensation, living expenses of dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment. Among them, disability compensation is the main one, but there is a problem of different prices for the same life. Rural hukou accounts for about one-third of urban residents and needs special attention. Other calculation standards can be calculated according to local conditions. In Guangzhou, the compensation for this disability level is also between several hundred thousand.
Three. Investigate criminal responsibility If the public security does not file a case, it can report to the procuratorial organ. If there is no money in civil litigation, it can request judicial assistance or legal aid.
References:
1, classic case of splenectomy: /newsview2.asp? ID = 39 & ampSortID= 13
The case of the same life with different prices: /newsview2.asp? ID=46 1。 SortID= 13