Because of some trivial things, people can become emotional and have an attack. In serious cases, they may be injured and need to be sent to the hospital. If the contradiction between the two can be resolved through normal medical expenses and compensation for hospitalization expenses, there will be no need for state agencies to come forward, but there will inevitably be malicious parties who want more compensation. So, what about being hospitalized after fighting with others?
1. How to get hospitalized after fighting with others?
If you meet a fake person, you can do an appraisal. If there is no causal relationship with the fight, you don’t need to pay compensation.
If it constitutes a minor injury or more, the person who hits someone is suspected of intentional injury and should be held criminally responsible according to law. shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. If the injury is assessed as minor, only civil compensation can be requested. The victim can directly file a lawsuit in court for personal injury compensation; at the same time, he can request administrative penalties. After the public security organ files a case, the victim can also file a criminal lawsuit and claim compensation. Of course, you can also directly sue the court for compensation for personal damages.
2. Standards for compensation for personal injuries
If an injury is caused to others but has not yet caused disability, the medical expenses and income reduced due to missed work should be compensated. Medical expenses generally include medical fees, treatment fees, nursing fees, transportation fees, accommodation fees, necessary nutrition fees, etc.
If the infringer causes disability, in addition to bearing all expenses such as medical expenses and lost work time, he shall also compensate the disabled person for living allowance, self-rescue expenses, disability compensation, and compensation for his injuries. Necessary living expenses for people who have no other source of living and are actually supported before becoming disabled.
If the infringer causes death, in addition to bearing all medical expenses and other expenses, he must also pay funeral expenses, death compensation, and necessary living expenses for those who were actually supported by the deceased and had no other source of living.
Article 179 of the "Civil Code" (currently effective): Scope of Compensation for Personal Injuries: Anyone who infringes upon others and causes personal injury shall be compensated for medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospitalization food subsidies. Reasonable expenses for treatment and rehabilitation such as expenses, loss of income due to absence from work, etc. If disability is caused, the cost of assistive devices and disability compensation shall also be paid; if death is caused, funeral expenses and death compensation shall also be paid.
Although it is obviously illegal and wrong to fight and cause others to be injured or even hospitalized, this does not mean that the injured can blackmail the attacker at will. The extent of the damage directly determines the amount of compensation rather than the injured person’s own decision. The above is the content compiled by the editor. There are lawyers online. If you have any questions, please feel free to consult us at any time.