1. How much compensation is required for minor injuries in a fight
(1) Medical expenses, based on receipts of medical expenses, hospitalization fees and other receipts issued by medical institutions, combined with medical records and diagnosis certificates, etc. Relevant evidence is determined. If the obligor of compensation has a dispute about the necessity or rationality of treatment, he shall bear the corresponding burden of proof.
(2) Lost work pay is determined based on the victim’s lost work time and income status.
The time missed from work shall be based on the certificate issued by the medical institution where the victim received treatment. If the victim continues to miss work due to disability, the time missed from work may be calculated to the day before the disability date.
If the victim has a fixed income, the lost wages shall be calculated based on the actual reduction in income. If the victim has no fixed income, the calculation shall be based on the average income of the past three years; if the victim cannot prove the average income of the past three years, the calculation may be based on the average salary of employees in the same or similar industry in the previous year by the local court.
(3) Nursing fees are determined based on the income status of the nursing staff, the number of times and the length of nursing care.
If the nursing staff has income, the calculation shall be based on the regulations on lost work pay; if the nursing staff has no income or hires a nursing worker, the calculation shall be based on the labor remuneration standards for local nursing workers engaged in the same level of care. In principle, the number of nursing staff is one person, but if the medical institution or appraisal institution has clear opinions, the number of nursing staff can be determined by reference.
(4) Hospitalization meal expenses can be determined with reference to the food subsidy standards for general staff of local state agencies on business trips.
If the victim does need to go to other places for treatment due to objective reasons and cannot be hospitalized, the reasonable part of the accommodation expenses and food subsidies actually incurred by him and his accompanying persons shall be compensated.
(5) Disability compensation shall be calculated based on the degree of the victim’s loss of working ability or disability level, and based on the per capita disposable income of urban residents or the per capita net income of rural residents in the local area in the previous year, and shall be determined from the date of disability. A cycle starts from twenty years.
(1) The fee for assistive devices for disabled people is calculated according to the reasonable cost standards for general applicable assistive devices.
2. How to deal with minor injuries caused by beatings
If you intentionally injure or beat others, the degree of injury should be based on the forensic appraisal opinion.
Intentionally injuring or beating others, causing minor injuries or less, is a public security case, which can be divided into two situations:
1. The two parties reconcile on their own or through mediation by a people's mediation organization. It is up to both parties to form an agreement based on their own wishes. The public security organs generally do not intervene, except in cases where public security management is seriously violated or the settlement agreement is obviously unfair.
2. If one of the parties or the public reports a case to the public security organ, the public security organ shall ascertain the facts of the case, fix and collect evidence after receiving the report.
On the basis of clear facts of the case, mediation can be conducted in accordance with the provisions of Article 9 of the "Law of the People's Republic of China on Public Security and Public Security Administration Punishments". In principle, mediation can be conducted once, and mediation can be conducted again if necessary. , a "Mediation Transcript" should be produced during mediation. If the mediation is successful and both parties reach an agreement and perform it, the public security organs will not impose penalties. If an agreement is reached through mediation, the case handling unit shall prepare a "Public Security Case Mediation Agreement";
If the two parties cannot reach an agreement after mediation, The public security organs shall, in accordance with the provisions of Article 43 of the "Law of the People's Republic of China and the State on Public Security Administration Punishments", make administrative penalty decisions on the perpetrators of violations of public security administration at this time. After the procedures of the public security organs are concluded, the offender shall file a lawsuit in the People's Court or apply for mediation to the People's Mediation Organization for civil compensation issues.
In real life, we must control our hot temper, never act easily at any time, and learn to use legal means to protect our legitimate rights and interests. The above is all about how to be punished, how to compensate for minor injuries, and how to deal with it. If you have any other legal issues that you don’t understand, please feel free to consult a lawyer!
3. What to do if the other party fails to compensate for minor injuries
If the other party fails to compensate for minor injuries, you can call the police. If mediation fails, the victim can sue the court for compensation.
1. According to Article 9 of the "Public Security Management Punishment Law"
For civil disputes caused by violations of public security management such as fighting or damaging other people's property, if the circumstances are relatively minor, the public security The agency can mediate. If the parties reach an agreement through mediation by the public security organ, they will not be punished. If no agreement is reached after mediation or the agreement is not fulfilled, the public security organs shall, in accordance with the provisions of this Law, punish those who violate public security management and inform the parties that they may file a civil lawsuit with the People's Court in accordance with the Civil Dispute Resolution Law.
2. The victim can file a civil lawsuit with the court. After the court accepts the case, if the other party needs to bear the liability for compensation, it will require the other party to compensate. If the other party fails to perform the compensation obligation within the specified period, the victim can file a civil lawsuit with the court. The court applies for execution. If the other party still fails to fulfill its compensation obligations, the court can take measures such as freezing.
If you read this article, you may have some understanding of the determination of disability standards. If your personal rights are violated, take up arms to defend your rights. The above content is brought to you by the editor of the French Open, how much compensation will you generally receive if you are slightly injured. We hope it will be helpful to you in your daily life. If you need to litigate, please consult our lawyers. Legal objectives:
"People's Republic of China" and "Civil Code"
Article 179
Infringement of others causing personal injury , should compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies, etc. for treatment and recovery, as well as the loss of income due to missed work. If disability is caused, assistive device fees and disability compensation shall also be compensated;
If death is caused, funeral expenses and death compensation shall also be compensated.