1. Medical expenses: the sum of all official receipts (inpatient medical records, outpatient medical records, inpatient drug details) issued by medical institutions.
According to Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases,
2. Lost time: the actual reduced income (payroll, proof of reduced income) of the victim with fixed income.
= lost time income * lost time
The average annual income of victims with no fixed income in recent three years is ÷ 12÷2 1.75× the time limit for missing work.
The victim can't prove that he got the average annual salary of employees in the same industry or similar industries in the court of appeal in the previous year.
The per capita net income of farmers in Shandong Province last year
Calculation of local minimum wage standard for urban unemployed people
Calculation of Average Wage of Employees in the Same Industry or Similar Industry in Shandong Province in Last Year
According to the provisions of Article 20 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases,
3. Nursing expenses: Nurses have a fixed income and actually reduce their income (payroll, proof of reduced income).
Average annual income of nurses with no fixed income in recent three years ÷ 12÷2 1.75× lost time (hospital certificate)
If the nursing staff have no income, refer to the labor remuneration standard of the local nursing staff engaged in the same level of nursing. If the victim can't recover his self-care ability due to disability, he can comprehensively determine the nursing period according to his age and health status, and the longest period shall not exceed 20 years.
According to the provisions of Article 21 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases,
4. The sum of the actual transportation expenses (the actual expenses incurred by the victim and his necessary accompanying personnel due to medical treatment or transfer to hospital, and the voucher shall be consistent with the place, time, frequency and frequency of medical treatment).
According to the provisions of Article 22 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases,
5. In-hospital food allowance can refer to the standard of food allowance for ordinary staff of local state organs (6, 8, 15 yuan/day).
According to the provisions of Article 23 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases,
7, nutrition fee according to the disability of the victim with reference to the opinions of medical institutions.
According to Article 24 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases,
8. Victims of disability compensation are urban residents: under 60 years old, 178 1 1× disability compensation coefficient× 20 years.
60-75 years old 178 1 1× disability compensation coefficient× 20-(actual age -60)
Over 75 years old, 178 1 1× disability compensation coefficient× 5 years.
The victim is a rural resident: under 60 years old, 6 1 19× disability compensation coefficient× 20 years.
60-75 years old 6 1 19× disability compensation coefficient× 20-(actual age -60)
Over 75 years old 6 1 19× disability compensation coefficient× 5 years
According to the provisions of Article 25 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases,
10, and the victims of living expenses for dependents are1urban residents under 8 years old12013× (18-actual age )× disability compensation coefficient ÷ number of dependents.
18-60-year-old dependents have no ability to work and no other source of income 120 13× 20× disability compensation coefficient.
60-75 years old 120 13×20- (actual age -60)× disability compensation coefficient ÷ number of dependents
Over 75 years old 120 13×5 years× disability compensation coefficient ÷ number of dependents
The victims are rural residents under the age of 18, 44 17×( 18- actual age )× disability compensation coefficient ÷ number of dependents.
18-60-year-old dependents have no ability to work and no other source of income 44 17× 20× disability compensation coefficient.
60-75 years old 44 17×20- (actual age -60)× disability compensation coefficient ÷ number of dependents
Over 75 years old, 44 17× disability compensation coefficient× number of dependents in 5 years.
According to the provisions of Article 28 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases,
1 1. The compensation for mental damage is determined according to the degree of fault of the infringer, the means of infringement, the occasion, the behavior mode, the consequences caused by the infringement, the profit of the infringer, the economic ability of the infringer to bear the responsibility, the average living standard of the court where the defendant is located and other factors.
According to Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases,
12. Property losses are based on the estimated loss amount and the corresponding valid bills.
13, other related expenses appraisal fees, evaluation fees, accommodation fees, towing fees, etc.
14. After the above expenses are added up, the final amount shall be calculated according to the proportion of the responsible person.