According to the provisions of 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 and Article 16 of the Tort Liability Law of People's Republic of China (PRC), it includes the following matters:
(a) medical expenses (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)
(II) Lost time expenses (The lost time expenses are determined according to the lost time expenses and income of the victim: The lost time expenses are determined according to the certificate issued by the medical institution where the victim sees a doctor. 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. )
(3) Nursing expenses (nursing expenses are determined according to the income status, number and nursing period of nursing staff: if the nursing staff has income, it shall be calculated with reference to the provisions on lost time; 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)
(4) Transportation expenses (transportation expenses are calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment). Transportation expenses should be based on official bills; Relevant evidence should be consistent with the place, time, times and frequency of medical treatment)
(5) Accommodation fee and hospital food subsidy (hospital food subsidy can be determined by referring to the standard of food subsidy for general staff of local state organs. It is really necessary for the victim 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. )
(six) the necessary nutrition fee (the nutrition fee is determined according to the disability of the victim with reference to the opinions of medical institutions)
(7) Disability compensation, disability assistive devices, living expenses of dependents, rehabilitation expenses, follow-up treatment expenses, funeral expenses, death compensation, transportation expenses, accommodation expenses, lost time, and other reasonable expenses and spiritual damages incurred by the relatives of the victims due to the funeral.
Second, the standard of compensation for property losses
The compensation standard for property losses is to determine the compensation amount according to the direct losses and indirect losses caused by traffic accidents.
1, direct loss compensation standard:
In principle, restitution or discount compensation should be made. For vehicles, facilities and articles that can be partially repaired, the maintenance expenses shall be compensated; If depreciation is caused by local losses, it shall also compensate for the loss of the depreciated part; Can not be repaired, should be compensated according to the actual value.
2. Compensation standard for indirect losses:
The infringer should also compensate the victim for the indirect losses suffered by the traffic accident. For example, in a case of traffic accident damages, if the victim claims that the damaged vehicle is being used for cargo transportation or passenger transportation business activities, the person responsible for the traffic accident shall compensate for the service loss during the repair of the damaged vehicle.
Third, the standard of compensation for mental damage
Mental injury is an intangible injury that outsiders cannot measure. The size and degree of general mental damage can't be measured by material scale. Therefore, in the specific judicial practice, the compensation for mental damage can only be determined by the judge according to the specific circumstances of the parties, including the regional economic environment, the identity of the parties, the family background of the parties, the responsibilities of the parties in the case, and the social impact.
The legal basis is the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases. Nineteenth medical expenses shall be determined according to the receipt of medical expenses and hospitalization expenses issued by medical institutions, combined with medical records, 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.
Extended data
Compensation standard for living expenses of dependents
In the past, the compensation standard for the living expenses of the dependents was the living allowance standard or the basic living expenses standard. The former is tens of yuan per month, while the latter is actually the minimum living standard for urban residents, but it is only two or three hundred yuan per month. The Interpretation of Personal Injury Compensation stipulates that the per capita consumption expenditure of urban residents and the per capita annual consumption expenditure of rural residents also reflect the consistency of compensation and damage. At the same time, the interpretation of personal injury compensation stipulates that the calculated age of the dependent is 18 years old, and if the age is over 60 years old, it will be reduced by 1 year old every year; Those over 75 years old are counted as 5 years. This is also different from the provisions of "minors are calculated at 16 years old, and each additional year under 50 years old is reduced by one year, and those over 50 years old are calculated at five years".
Specific calculation formula:
(1) Dependent's living expenses (minors) = level of disability (1 calculated by 100%, secondary reduction by 10%, and other deaths calculated by 100%) × per capita consumption expenditure of urban residents in the place where the Court of Appeal is located in the previous year and
(2) Dependent's living expenses (those who have no ability to work and no other source of income) = disability level (1 level is calculated as 100%,1level is reduced 100%, and other analogies, the death is calculated as 100%.
(3) Living expenses of the dependents (over 60 years old) = disability level (65,438+0 level is calculated at 65,438+000, the second level is calculated at 65,438+00%, and others are calculated at 65,438+000) ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
(4) Dependent's living expenses (over 75 years old) = disability level (1 calculated as 100, secondary reduction 10%, other analogies calculated as 100%, and death calculated as100%) ××