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How to compensate for mental loss in traffic accidents

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How to compensate for mental loss in traffic accidents


        

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  • 2024-06-18 20:00:01

    The law on compensation for mental damages in traffic accidents has not made clear provisions.

    Spiritual damage compensation is a kind of civil liability that the right subject requires the infringer to pay compensation because his personal rights and interests are wrongly infringed and he suffers mental pain or mental damage. It is an important part of the modern civil law damage compensation system. Spiritual damage is the objective fact that the civil subject suffers from unlawful infringement of his personal rights, which damages his personal interests and identity interests or makes him suffer from mental pain. In other words, spiritual damage is the damage to the spiritual activities of civil subjects. For victims, mental damage has two manifestations: one is mental pain, and the other is the loss or impairment of mental interests. The amount of compensation for mental damage should be determined in combination with the fault degree of the infringer, the damage consequences caused by the infringement, the profit situation of the infringer, the economic capacity of the infringer, and the average living standard of the place where the court is located.

    If the two parties have a dispute over the cost of mental loss, they can settle it through consultation first. If consultation fails, they can choose to bring a lawsuit to the court for settlement, and the court will make a judgment. Prosecution is the act of bringing a lawsuit to the court according to law and requesting the court to try a specific case. Litigation in the Civil Procedure Law refers to the litigation behavior that the subject of civil legal relationship requests the court for trial protection in his own name due to the infringement of his own or legally managed and controlled civil rights and interests, or disputes with others. The indictment is required to be submitted to the court. The contents of the indictment should include: 1. Detailed identity information of the plaintiff and the defendant. If the other party is not a natural person, its name, address, legal representative or main person in charge should be clearly written. 2. Write down the main disputes to be solved and their own demands. 3. Write clearly the relevant evidence that can prove their claims. After submitting the bill of complaint, if the conditions for prosecution are met, the court shall file the case within seven days and notify the parties.

    To sum up, do you know something about mental loss expenses!

    Legal basis

    Article 1183 of the Civil Code of the People's Republic of China [Compensation for Mental Damage] If serious mental damage is caused by infringing upon the personal rights and interests of a natural person, the infringed person has the right to claim compensation for mental damage.
    If serious mental damage is caused by intentional or gross negligence infringement on a specific thing of personal significance of a natural person, the infringee has the right to claim compensation for mental damage.

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