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Can a traffic accident claim compensation for mental damage

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Can a traffic accident claim compensation for mental damage


        

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  • 2024-06-27 16:00:50

    Mental damage is the mental pain and mental injury suffered by the infringement of personal rights and interests. In general, the parties can request the court to support the pursuit of mental damage compensation. If the court that the party requests mental damage compensation does not support it, it will support mental damage compensation only when the party is disabled or the party dies. The mental damage compensation is paid in the form of mental consolation.
    Mental damage is a kind of intangible damage that cannot be measured by outsiders, and the size and degree of mental damage cannot be measured by material scale generally. Therefore, in specific judicial practice, the compensation for mental damage can only be determined by the judge in a similar objective, reasonable and appropriate range based on the specific circumstances of the parties, including the regional economic environment, the identity of the parties, the family background of the parties, the size of the parties' responsibilities in the case, and social influence.
    The specific amount of the mental damage consolation is determined according to the situation. The disability subsidy generally does not include the mental loss expense. The amount of compensation for the level 10 disability should be calculated according to the situation. Disability compensation is the most critical compensation item for personal injury compensation in traffic accidents. It is calculated according to the disability level of the injured and the nature of the household registration. If the nature of the household registration remains unchanged, the higher the level, the higher the disability compensation.

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