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How to Determine the Amount of Compensation for Personal Infringement

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How to Determine the Amount of Compensation for Personal Infringement


        

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  • 2024-06-06 06:00:49

    First of all, those who infringe upon others and cause personal damage shall compensate for the reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital board subsidies, as well as the reduced income due to missed work. If it causes disability, it shall also compensate for the cost of auxiliary equipment and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.

    Secondly, if the infringer dies, his close relatives have the right to request the infringer to bear the tort liability. If the infringee is an organization and the organization is divided or merged, the organization that inherits the rights shall have the right to request the infringer to bear the liability for infringement.

    If the infringed person dies, the person who paid the infringed person's medical expenses, funeral expenses and other reasonable expenses shall have the right to claim compensation from the infringer, except that the infringer has already paid such expenses.

    Thirdly, if the infringement on the personal rights and interests of others causes property losses, compensation shall be made according to the losses suffered by the infringee or the interests obtained by the infringer; If it is difficult to determine the losses suffered by the infringee and the benefits obtained by the infringer as a result, and the infringee and the infringer do not agree on the amount of compensation, and bring a lawsuit to the people's court, the people's court shall determine the amount of compensation according to the actual situation.

    Finally, if the infringement on the personal rights and interests of natural persons causes serious mental damage, the infringed person has the right to request compensation for mental damage.

    [Legal Basis]

    Article 1179 of the Civil Code of the People's Republic of China states that if an offender infringes upon another person and causes personal injury, he/she shall compensate for the reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital board subsidies, as well as the reduced income due to missed work. If it causes disability, it shall also compensate for the cost of auxiliary equipment and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.

    Wu***

    2024-06-06 06:00:49

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