In a traffic accident, how to claim compensation for moral damages from the tortfeasor?

The victim suffers personal injury, various expenses incurred due to medical treatment**, and the income lost due to lost work, including medical expenses (according to the receipt vouchers issued by medical institutions, hospitalization fees, etc.), lost work expenses (if the victim has a fixed income, the lost work expenses are calculated according to the actual reduced income.) If the victim has no regular income, it is to be calculated on the basis of his average income in the last three years), nursing expenses (calculated with reference to the labor remuneration standards for local nurses engaged in the same level of care), transportation and accommodation expenses (based on official bills), hospital meal allowance (refer to the standard of food allowance for general staff of local state organs on business trips), and necessary nutrition expenses (to be determined with reference to the opinions of medical institutions).

If the victim is disabled due to injury, the necessary expenses incurred by the victim for increasing his or her living needs and the loss of income due to the loss of ability to work, including disability compensation (the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed shall be calculated as 20 years from the date of determination of disability). However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years. The compensation obligor shall also compensate for the expenses of disability assistive devices, the living expenses of dependents, and the necessary expenses, nursing expenses, and follow-up expenses actually incurred as a result of nursing care and continuation.

Where the victim suffers moral damages, and the person entitled to compensation requests the people's court for compensation for moral damages, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall apply, and the specific amount shall be determined by the court.

Good luck.

Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts stipulates that: "If a natural person dies as a result of tortious acts, the spouse, parents and children of the deceased have the right to sue for compensation for moral damages." The Supreme People's Court also stipulates in the Supplementary Opinions on Several Specific Issues Concerning the Handling of Road Traffic Accidents:

Where a person is injured or dies as a result of a traffic accident, the parties may file a claim for compensation for moral damages on this basis, and the people's court may determine the amount of compensation based on the actual circumstances. "Solatium for moral injury includes the following methods: (1) where a person is disabled, it is disability compensation; (2) where death is caused, death compensation; (3) Spiritual solatium in other harms.

Where laws and administrative regulations have clear provisions on disability compensation, death compensation, and so forth, the provisions of the applicable law or administrative regulations are to be applied.

To put it simply, there is no legal provision on how much compensation should be paid for moral damages, but there is a practice to follow. It is mainly the standard that the local courts themselves control, and is determined according to the degree of responsibility and the degree of disability.

Where the victim or his close relatives suffer mental harm, causing serious consequences, the perpetrator may be requested to pay compensation for the mental damage. Where the infringement causes mental harm, but no serious consequences are caused, and the victim's request for compensation for mental losses is generally not supported. The amount of solatium for mental harm is generally determined to be within 50,000 yuan.

Where the harm is particularly serious, it may be appropriately increased on the basis of 50,000 yuan.

The insurance company or the infringer shall be liable for compensation in accordance with the provisions of Article 76, Paragraph 1 of the Road Traffic Safety Law, and the victim shall not bear it, and the victim shall not be sentenced to bear it according to the proportion of liability in the judgment.

Legal Analysis: Traffic Accident Compensation Can Claim Moral Damages. According to the relevant provisions, the infringed party may claim compensation for moral damages for the tortious act that caused him serious mental damage.

The specific amount of compensation for moral damages shall be determined on the basis of factors such as the degree of fault of the infringer, the consequences of the conduct, the ability to compensate, the average standard of living and the mode of conduct of the court where the lawsuit is filed.

1) The degree of fault of the infringer, except as otherwise provided by law;

2) The specific circumstances of the infringement, such as the purpose, method, and occasion;

3) the consequences of the act of infringing on the right of the ear;

4) the infringer's profits;

5) the infringer's economic capacity to bear responsibility;

6) The average standard of living in the location of the court accepting the lawsuit.

Legal analysis: If there is a personal accident in the traffic accident, you can claim compensation for mental damage.

Legal basis: Article 1183 of the Civil Code of the People's Republic of China Where the dismantling of the personal rights chain of a natural person is infringed upon, causing serious mental damage, the infringed party has the right to request compensation for moral damages. Where serious mental harm is caused by intentional or gross negligence infringement of a natural person's specific object of human significance, the infringed party has the right to request compensation for moral damages.

If there is a personal accident in the traffic accident, compensation for moral damages may be claimed, and the amount of moral damages shall be determined by these factors

1) the degree of fault of the infringer;

2) the means of infringement;

c) the consequences caused;

4) The infringer's economic status is respectful;

5) Local standard of living.

1. What is the sentencing standard for death caused by traffic accidents?

1) The relevant content of the Supreme People's Court's "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" stipulates that a person who causes a traffic accident in any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:

1. One person is killed or three or more people are seriously injured, and the person bears full or primary responsibility for the accident;

2. If three or more people die, they are equally responsible for the accident;

3. Causing direct losses to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for more than 300,000 yuan.

2) Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

1. Driving a motor vehicle after drinking or taking drugs;

2. Driving a motor vehicle without driving qualifications;

3. Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;

4. Knowingly driving a motor vehicle without a license or scrapped;

5. Driving with serious overload;

6. Fleeing the scene of an accident in order to evade legal prosecution.

2. A traffic accident was purely cautious and provoked a "case within a case".

In July 2013, the elderly Li Mourong collided with a heavy truck driven by Liu on a bicycle, and the old man died on the spot. The traffic police department later determined that Liu was primarily responsible for the accident and the old man was secondarily responsible. In September 2013, the old man's wife, Lai, and his stepson, Zhang, sued Liu and the insurance company where the vehicle was insured to the court for compensation.

Recently, the case was tried in the Enping Municipal Court. The defendant insurance company argued that the plaintiff Lai and the old man lived together illegally, which did not constitute a de facto marriage, and the plaintiff Zhang and the old man did not constitute a step-father and son relationship, and should not enjoy the inheritance rights of the deceased, and applied for the addition of the old man's brother and sister Zheng Mouwen and Zheng Mouwen to benefit from the compensation and enjoy the right of inheritance. Zheng Mouwen and Zheng Mouwen were later listed as the third parties in the case, and claimed in court that the plaintiff Lai and the old man did not constitute a de facto marriage, so they had no right to sue, and their brothers and sisters were entitled to inherit the compensation.

In order to clarify the qualifications of the subject of the lawsuit, in December 2013, Lai and Zhang sued Zheng Mouwen and Zheng Mouwen to the court, requesting that the plaintiff and the two plaintiffs be confirmed as the first-order heirs of the old man Li Mourong. Since the traffic accident compensation dispute must be based on the outcome of the inheritance dispute case, the court ruled to suspend the trial of the traffic accident compensation case.

Compensation for traffic accidents can claim compensation for moral damages. The amount of compensation for moral damages shall be determined on the basis of factors such as the degree of fault of the infringer, the consequences of the conduct, the ability to compensate, and the average standard of living at the location of the court where the lawsuit is filed.

According to Article 20 of the Tort Liability Law, if the personal rights and interests of others are infringed upon, causing serious mental damage to others, the infringed party may claim compensation for moral damages.

Mental damage refers to the mental pain and mental injury suffered as a result of the infringement of personal rights and interests. Under normal circumstances, the parties may request the court to support the compensation for moral damages, and only when the party is disabled or when the party dies can support the compensation for moral damages, and the compensation for moral damages shall be paid in the form of spiritual solatium.

Legal basis] Article 8 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Moral Damages: Where the infringement causes mental harm to a person, but no serious consequences are caused, and the victim's request for compensation for the moral injury is generally not supported, the people's court may, on the basis of the circumstances, order the infringer to stop the infringement, restore the reputation, eliminate the impact, and make a formal apology.

Where the infringement causes mental harm to a person and serious consequences are caused, the people's court may, on the basis of the request of the victim, order the infringer to bear civil liability such as stopping the infringement, restoring the reputation, eliminating the impact, and making a formal apology.