Fees for personal injury compensation: (1) In the first trial stage, the calculation ratio of the disputed object (calculation base) is 1, and the part of the disputed object below 1 10,000 yuan is 7% but not less than 5,000 yuan; 2. The disputed object 1 10,000 yuan or more is 6% 3. 5% of the disputed objects are more than 6,543,800 yuan and less than 5 million yuan; 4% of the disputed objects are more than 5 million yuan but less than 6.5438+0 million yuan; 5% of the disputed objects are more than 6.5438+0 million yuan but less than 50 million yuan; 6% of the disputed objects are more than 50 million yuan. (2) For cases that have been represented in the first instance, the agency fee is charged at half of the first instance fee, and other handling fees remain unchanged. (3) Acting as an agent for a case sent back for retrial in the second instance, the agency fee shall be charged at half of the fee of the second instance, and other handling fees shall remain unchanged.
Legal objectivity:
Lost time: the legal remuneration income reduced by the victim's inability to participate in labor (work) due to injury. Calculation standard of lost time: The lost time is determined according to the lost time and income of the victim. The date of the victim's missed work is determined with reference to the certificate issued by the treatment hospital. If the actual date of delay is less than the certificate issued by the treatment hospital, it shall generally be determined according to the actual date of delay. However, if the victim uses public leave to offset the work-related injury leave, the leave certificate issued by the treatment hospital shall prevail. If the victim really needs a vacation without a vacation certificate, he may seek the opinions of the medical department or the appraisal of forensic experts to identify it. If the victim continues to be absent due to disability, the absence time can be calculated to the day before the date of disability. Compensation standard and calculation formula for lost time: 1. If there is a fixed income, the lost time fee = lost time fee (day/month/year) * Note: if there is a fixed income, the compensation for lost time fee shall be calculated according to the actual reduced loss. Whether the victims can afford it is a matter of implementation. 2. No fixed income: 2. 1 If the victim can prove his average income in the last three years: lost time = lost time (days) * average income level in the last three years (days/yuan) Note: Proof of income status includes tax payment certificate, certificate issued by the unit, etc. 2.2 The victim can't prove his average income in the last three years (standard): lost time = lost time (days) * the average salary of employees in the same industry and similar industries in the previous year (days/yuan). Note: the criteria for judging "related and similar industries" are: ① industry classification criteria; ② Social evaluation standards in the same industry. ③ Take provinces, autonomous regions and municipalities directly under the Central Government as the criteria (different from "the seat of the court of appeal" in the Civil Procedure Law). The legal basis of the lost time fee is 1, and if article 1 19 of General Principles of Civil Law of People's Republic of China (PRC) and General Principles of Civil Law of People's Republic of China (PRC) infringes on citizens' health and causes harm, it shall compensate for medical expenses, income reduced due to lost time fee, living allowance for the disabled, etc. If death is caused, the funeral expenses and the necessary living expenses of the dependents of the deceased shall be paid. 2. Article 17, Paragraph 1 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 the expenses for medical treatment and the income reduced due to missed work, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, food subsidies for hospitalization and necessary nutrition expenses. 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 definite 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. 3, "the Supreme People's Court on the implementation of