First, general items. That is to say, the common medical expenses, lost time expenses, nursing expenses, nutrition expenses, hospital board allowance, transportation expenses, accommodation expenses, follow-up treatment expenses, etc. These expenses are based on the corresponding documents and bills, and can be simply added to get the total amount of compensation.
Second, disability related projects.
(1) Disability compensation
One of the main items of disability cases is calculated according to the per capita disposable income of urban residents in the previous year where the court is located, combined with the age and disability level of the victim.
(2) Living expenses of dependents
If the victim is old or young and needs to be supported, he or she can claim the living expenses of the dependant, which shall be calculated according to the per capita consumption expenditure of urban residents in the previous year where the court is located, in combination with the age and disability level of the dependant.
(3) Nursing expenses
The disabled victims need someone to take care of their daily life. For example, if a nurse is employed, there will be a problem of nursing fees. The nursing fees are determined according to the income of the nursing staff, the number of nurses and the duration of care.
(4) Comfort fund for mental damage
According to the level of disability, the current practice in China varies from 3000 yuan to 100000 yuan, and individual regions are closely related to the size of accident liability.
(5) Cost of disability aids
[Legal Basis]
Article 1179 of the Civil Code states that if a person infringes upon another person and causes personal injury, he/she shall compensate medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital board subsidies and other reasonable expenses for treatment and rehabilitation, as well as 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.
