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How to calculate the medical expenses for traffic accidents

Li** Anhui Ma'anshan Traffic accident compensation consultation 2021.03.13 20:47:10 392 people read

traffic accident Medical expenses How to calculate the medical expenses for traffic accidents

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Region: Sichuan Chengdu

1、 What is the scope of compensation for traffic accidents
1. The compensation obligor shall compensate for the compensation for ordinary injuries, medical expenses, lost time expenses, nursing expenses, transportation expenses, accommodation expenses, hospital board allowance, and necessary nutrition expenses.
2. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred due to the increased living needs and the income loss caused by the loss of working ability, including disability compensation, disability auxiliary equipment fees, the living expenses of the dependants, as well as the necessary rehabilitation fees, nursing fees and follow-up treatment fees actually incurred due to rehabilitation care and continuous treatment.
3. If the victim dies, the compensation obligor shall, in addition to paying compensation according to the rescue and treatment
In addition to the relevant expenses specified in the first paragraph, it shall also compensate for the funeral expenses, the living expenses of the dependants, the death compensation fees, and other reasonable expenses such as the transportation expenses, accommodation expenses, and loss of work delay paid by the victims' relatives for funeral matters.
4. Claim for mental damages. The mental distress solace is the right of the judge to make a free judgment. The judge thinks that a suitable amount is a suitable amount, and there are three standards:
The first criterion is to comfort the victim's mental damage;
The second criterion is to punish the perpetrator's illegal acts;
The third criterion can serve as a warning or education for the general public. The determination of the amount of compensation for mental damage is based on three points, and this amount is the appropriate amount.
5. Education expenses should also be included in the scope of compensation for traffic accident damages.
6. The cost of repair and compensation for discount shall be calculated according to the actual value or the evaluation conclusion of the evaluation agency.
2、 How to calculate the medical expenses for traffic accidents? If the injured party needs treatment in a traffic accident, the relevant medical expenses will be generated. Medical expenses refer to the expenses incurred for the treatment of injuries or diseases caused by injuries caused by road traffic accidents. In addition, they also include the necessary rehabilitation expenses incurred for physical recovery, the necessary follow-up treatment expenses actually incurred for continuing treatment, and cosmetic surgery expenses. Medical expenses mainly include registration fees, medical fees, hospitalization fees, treatment fees, surgery fees, examination fees, equipment expenses, etc. The evidences that can prove the above expenses include medical expense receipt (charging certificate), expense list, prescription, medical advice, diagnosis certificate, transfer certificate, etc. The receipt (charge voucher) here should be a legal voucher in accordance with the relevant national regulations, such as the official receipt issued by the hospital. When determining the medical expenses, the items charged on the receipt should be consistent with the doctor's prescription and the patient's condition diagnosis, so as to prevent "hitchhiking" to treat other diseases when treating injuries caused by traffic accidents. In addition, some unreasonable expenditure items should be eliminated. The follow-up treatment fee, plastic surgery fee, necessary rehabilitation fee, etc. must be accompanied by the corresponding diagnosis certificate, and the amount of the required fee should be specified in the diagnosis certificate.

2021-03-13 20:48:10 Reply

Hello, the answer to your question is as follows. How is the legal compensation for medical accidents calculated (1) Medical expenses: calculated according to the medical expenses incurred in the treatment of the patient's personal injury caused by the medical accident, paid according to the evidence, but excluding the medical expenses of the primary disease. If it is really necessary to continue treatment after the case is closed, it shall be paid according to the basic medical expenses. (2) Lost time pay: if the patient has a fixed income, it shall be calculated according to the fixed income reduced due to lost time. If the income is more than 3 times the average annual wage of the staff in the previous year where the medical accident occurred, it shall be calculated according to 3 times; If there is no fixed income, it shall be calculated according to the average annual wage of the staff and workers in the previous year where the medical accident occurred. (3) Hospitalized food allowance: calculated according to the food allowance standard for travel of general staff of the state organ where the medical accident occurred. (4) Accompanying expenses: if a patient needs to be accompanied by a specially assigned person during hospitalization, it shall be calculated according to the average annual salary of the staff in the previous year when the medical accident occurred. (5) Living allowance for disability: according to the level of disability, it is calculated according to the average annual living expenses of residents in the place where the medical accident occurred, and the maximum compensation is 30 years from the month when the disability is determined; However, those over 60 years old shall not exceed 15 years; No more than 5 years for those over 70 years old. (6) Disability appliance cost: If functional appliances for compensation are needed due to disability, they shall be calculated as the cost of universal appliances with the certificate of medical institution. (7) Funeral expenses: calculated according to the standard of funeral expenses subsidy specified by the place where the medical accident occurred. (8) Living expenses of the dependants: The living expenses of the dependants shall be limited to those who were actually supported by the deceased or the disabled before they lost their ability to work and were unable to work, and shall be calculated according to the minimum living security standard for residents in their place of residence or domicile. Those under the age of 16 shall be supported to the age of 16. Those who have reached the age of 16 but are unable to work shall be supported for 20 years; However, those over 60 years old shall not exceed 15 years; No more than 5 years for those over 70 years old. (9) Transportation expenses: calculated according to the actual necessary transportation expenses of the patient, and paid according to the voucher. (10) Accommodation fee: calculated according to the standard of travel accommodation allowance for general staff of the state organ in the place where the medical accident occurred, and paid according to the voucher. (11) Comfort payment for mental damage: calculated according to the average annual living expenses of residents in the place where the medical accident occurred. If the death of the patient is caused, the maximum compensation period shall not exceed 6 years; If the patient is disabled, the maximum compensation period shall not exceed 3 years.

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