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How to Claim Compensation for Mental Damage

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How to Claim Compensation for Mental Damage


        

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  • 2024-06-11 02:00:02

    According to the provisions of China's judicial interpretation of mental damage, traffic accidents can claim compensation for mental damage, but traffic accidents need to cause disability or death of victims, causing serious consequences.
    Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Concerning Compensation for Mental Damage
    Article 7 Where a natural person dies as a result of a tort, or his personality or body is infringed upon after his death, and the spouse, parents and children of the deceased bring a suit to the people's court to claim compensation for mental damage, if his spouse, parents and children are listed as the plaintiff and there is no spouse, parents and children, the suit may be brought by other close relatives, and other close relatives are listed as the plaintiff.
    Article 8 Where a person suffers from mental damage due to infringement, but no serious consequences have been caused, and the victim requests compensation for mental damage, the people's court generally does not support the request. The people's court may, according to the circumstances, order the infringer to stop the infringement, restore his reputation, eliminate the impact, and make an apology.
    If the infringement causes mental damage to a person and causes serious consequences, the people's court may, in addition to ordering the infringer to bear civil liabilities such as stopping the infringement, rehabilitating his reputation, eliminating the impact, and apologizing, order the infringer to compensate for the corresponding mental damage consolation according to the request of the victim.

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