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What is the compensation standard for traffic accident victims after discharge

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What is the compensation standard for traffic accident victims after discharge


        

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  • 2024-06-06 07:00:48

    The damages are as follows:

    (1) Medical expenses: determined according to the medical expenses, hospitalization expenses and other collection vouchers issued by the medical institutions, combined with medical records, diagnosis certificates and other relevant evidence. If the compensation obligor disagrees with the necessity and rationality of treatment, it shall bear the corresponding burden of proof.

    The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the court debate in the first instance. The compensation obligee may file a separate lawsuit after the actual occurrence of the necessary rehabilitation fees, appropriate plastic surgery fees and other follow-up treatment fees for organ function recovery training. However, the necessary expenses determined according to the medical certificate or the expert conclusion may be compensated together with the medical expenses already incurred.

    (2) Lost time fee: determined according to the lost time and income of the victim.

    The time of missing work 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 has no fixed income, it shall be calculated according to the average income of the last three years; If the victim is unable to provide evidence to prove his average income in the last three years, he may calculate it by reference to the average wages of employees in the same or similar industries in the place where the court is located in the previous year.

    (3) Nursing fee: determined according to the income of nursing staff, the number of nurses and the duration of nursing.

    If the nursing staff has income, it shall be calculated by reference to the provisions of the lost time fee; If a nurse has no income or employs a nurse, it shall be calculated with reference to the remuneration standard of the local nurse for nursing at 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. The level of nursing care for the victim after determination of disability shall be determined according to the degree of dependence on nursing care and in combination with the preparation of disability aids.

    (4) Transportation expenses: calculated according to the actual expenses incurred by the victim and his/her necessary accompanying personnel for medical treatment or transfer to another hospital. The transportation fee shall be based on official bills; The relevant vouchers shall be consistent with the place, time, number and frequency of medical treatment.

    (5) Hospitalized food allowance: it can be determined by referring to the food allowance standard for travel of general staff of local state organs. If the victim really needs to go to other places for treatment and cannot be hospitalized due to objective reasons, the reasonable part of the accommodation and food expenses actually incurred by the victim and his/her caregivers shall be compensated.

    (6) Nutrition cost: determined according to the disability of the victim and the opinions of the medical institution.

    (7) Disability compensation: according to the degree of incapacity or disability level of the victim, according to the standard of per capita disposable income of urban residents or per capita net income of rural residents in the previous year in the place where the court is located, it is calculated as 20 years from the date of disability determination. However, for those over 60 years of age, one year will be reduced for each additional year of age; If they are over 75 years old, they shall be counted as five years. If the victim is disabled due to injury but his actual income has not decreased, or if his disability level is relatively low but his employment is seriously affected due to occupational hindrance, the disability compensation may be adjusted accordingly.

    [Legal Basis]

    According to Article 6 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, medical expenses shall be determined according to the medical expenses, hospitalization expenses and other receipts issued by medical institutions, in combination with medical records, diagnostic certificates and other relevant evidence. If the compensation obligor disagrees with the necessity and rationality of treatment, it shall bear the corresponding burden of proof.

    R***

    2024-06-06 07:00:48

  • civil Relevant knowledge

  • law

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