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How much can I pay for a car accident with Grade VIII disability

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How much can I pay for a car accident with Grade VIII disability


        

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  • 2024-06-30 05:00:48

    Medical expenses: treatment expenses arising from traffic accidents, as well as inevitable treatment expenses.
    It is determined according to the medical expenses, hospitalization expenses and other collection vouchers issued by the medical institution, combined with medical records, diagnosis certificates and other relevant evidence. The necessary expenses determined according to the medical certificate or expert conclusion may be compensated together with the medical expenses already incurred.
    Legal basis: Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
    Disability compensation: per capita disposable income of urban residents or per capita net income of rural residents in the previous year where the court is located × 30 × 20 years
    Legal basis: Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
    Comfort money for mental damage: it is determined according to the fault degree of the infringer, the consequences caused by the infringement, and the average living standard of the place where the court is located.
    Legal basis: Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Mental Damage in Civil Torts
    Lost time fee: my daily salary × days of lost time
    Among them, the lost time is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim is disabled due to injury and continues to be absent from work, the time of absence from work may be calculated to the day before the date of disability determination.
    If the victim has a fixed income, the lost wages shall be calculated according to the actual reduced income. If the victim does not have a fixed income, the average income of the last three years shall be used for calculation. If the victim cannot provide evidence to prove the average income of the last three years, it may be calculated by referring to the average wages of employees in the same or similar industries in the place where the court is located in the previous year.
    Legal basis: Article 20 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
    Nursing cost: daily nursing cost (daily salary of nursing staff or remuneration of local nursing workers engaged in labor services of the same level) × number of days needing nursing × number of nursing staff
    Among them, if the nursing staff has income, it shall be calculated by referring to the provisions of the missed work fee. If the nursing staff has no income or employs nursing workers, it shall be calculated by referring to the labor remuneration standard of local nursing workers engaged in nursing of the same level. In principle, there is one nurse, but if the medical institution or appraisal institution has a clear opinion, the number of nurses can be determined by reference.
    The duration of care shall be calculated until the victim recovers the ability of self-care. If the victim is unable to recover his/her ability to take care of himself/herself due to disability, a reasonable nursing period may be determined according to his/her age, health status and other factors, but the longest period shall not exceed 20 years.
    Legal basis: Article 21 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
    Board allowance for hospitalization: board allowance standard for business trip of general staff of local state organs × days of hospitalization
    Legal basis: Article 23 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
    Nutrition cost: the amount determined by referring to the opinions of medical institutions on strengthening nutrition × the number of days requiring strengthening nutrition
    Legal basis: Article 24 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
    Living expenses of the dependants: the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year in the place where the court is located × the number of years to be supported × the number of people to be supported × 10
    Legal basis: Article 28 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
    Reasonable transportation expenses shall be calculated according to the invoice.

    C***

    2024-06-30 05:00:48

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