Ask a lawyer for help with a question about compensation

I basically feel that there is no problem with the court's decision, and the three doubts you mentioned basically have a legal basis.

More than 80,000, just pay it! Just do good.

Neither the suspicions you said nor the doubts 1 and 2 are unreasonable, and it is better to sue them, and I support them above.

It is advisable to appeal within the appeal period and hire a professional lawyer. First of all, the characterization of this case should be an accident, in this case you are basically not at fault, the only thing related to you is "the child entered the water from your beach". 1. There is no evidence that launching from that beach was a factor in the child's death.

2. The principle of "the same fate, the same price" is embodied in the Tort Liability Law, which is negotiable according to the urban household registration, and there is no tort in this case. 3. The court will take care of the vulnerable within its discretion, but you are not at fault in this case. It's an accident that has nothing to do with you.

Hello, your suspicion one doesn't seem to explain anything, I think the court's decision should be based on the fact that you didn't put up warning signs or the like to give you 15% of the responsibility. Otherwise, your responsibilities will be greater, and I don't think you need to worry too much about the responsibilities, and the division of responsibilities is quite reasonable.

Second, the issue of compensation, if 15% of the liability compensation of 80,000 yuan, then the total calculation should be more than 700,000 yuan, I think the amount of compensation is too high, the application of the average income of urban residents as the calculation standard is illegal, the law stipulates that the rural household registration in the long-term residence in the town, and the income is from the industrial and commercial income, can be calculated according to the urban residents, children in the town school is not calculated according to the town!

3. The proportion of compensation is at the discretion of the judge.

1. Compensation for injury caused by intentional injury to the other party shall generally be borne by the infringer;

2. If your friend's family property has his personal property, or if he is one of the owners of the family property, then it is necessary to use the part of the family property that belongs to him to compensate;

3. If there is no personal property, then the family does not need to compensate, and your friend can be responsible after his release.

As long as he is a person with full civil capacity who has reached the age of 18. Bear civil liability alone.

The family has no legal obligation to bear it for him, but in life, there are emotional factors or out of Taoist considerations, and some of them are just paying him back.

But there is no legal requirement to bear it. Yes, you can not bear it. There is also no joint and several liability.

You can wait for him to return it himself later.

There is no impact on the length of the sentence, as the sentence has already been handed down and executed. The issue of compensation is attached to civil cases and civil acts.

How old is your friend and does he have the financial means?

When you are an adult, you have the financial ability, and your family can not bear it, and your friend can bear it by himself, and if he is not an adult or has no financial ability, his family can sponsor him to bear it.

1. The burden must be borne by your friend, unless your friend is a person with no capacity for civil conduct, or a person with full capacity for civil conduct, but is still in school and has no job.

2. The way to bear the responsibility and the time of compensation need to be negotiated or according to the court judgment, if the court orders you to pay within 10 days, then you have to follow this time, you can't wait for the end of the prison to compensate, the court will enforce it.

3. If your friend does not have any personal property, then his family needs to bear it. I don't think his family will care, right?

4. Delay in compensation will not affect the sentence, but the court must enforce it, and if it is found that there is property, it will be executed immediately, so why do you have to wait?

5. The law stipulates that compensation is a standard, and the court awards compensation according to this standard.

There are three situations in which China bears civil liability. 1. Fault liability, existing fault must be liable, including intention and negligence. 2. No fault responsibility, both no fault and responsibility.

3. Fair responsibility, both parties are not at fault and share the responsibility according to the principle of fairness and reasonableness. According to what you said, the easel smashed the TV, and the easel itself has the hidden danger of accidents, and you are not at fault for using it without knowing it, so you are not responsible, and the school should be responsible for the safe operation of its teaching facilities. Your salary is absolutely non-deductible according to the provisions of the labor law.

But your departure was improper.

Yes.

First of all, there must be a ** evaluation of the TV.

Then there is proof that there is a problem with the easel itself.

But even so.

It's almost more than a thousand yuan in compensation.

This needs to be decided by the court to effectively solve the problem, and you will definitely not bear all the responsibility.

Tort Liability Law

Article 6: Where actors infringe upon the civil rights and interests of others due to their fault, they shall bear tort liability.

Where it is presumed that the actor is at fault in accordance with the provisions of law, and the actor cannot prove that he is not at fault, he shall bear tort liability.

Article 26: Where the infringed party is also at fault for the occurrence of the harm, the infringer's liability may be reduced.

Article 27: Where harm is intentionally caused by the victim, the perpetrator is not liable.

Moral damages.

1) Article 1 of the "Interpretation on Compensation for Moral Damages": Where a natural person has suffered an illegal infringement of the following personality rights and files a lawsuit with the people's court requesting compensation for moral damages, the people's court shall accept it in accordance with law:

1. The right to life, the right to health, and the right to body;

2. The right of name, portrait, reputation and honor;

3. The right to personal dignity and personal freedom.

2) There is no special standard for moral loss, mainly depending on the degree of mental suffering caused by the tortious act of the perpetrator or the degree of damage to his or her mental interests, but if the degree of your injury reaches the level of disability, you can generally get a moral damage pension. Article 10 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 the amount of compensation for moral damages shall be determined on the basis of the following factors:

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

2. Specific circumstances such as the means, occasions, and modes of conduct of the infringement;

3. The consequences of the infringement;

4. The infringer's profits;

5. The infringer's economic ability to bear responsibility;

6. The average standard of living in the place where the court is sued.

For lost time pay, please refer to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Lost time pay is calculated based on the average income of the previous year at the location of the court where the lawsuit is filed and calculated for each day, and then multiplied by the number of days you were unable to work because of the other party's abuse. The sum is the amount that the other party should compensate.

The construction site is not allowed to enter by outsiders, if you do not establish on-site isolation facilities, and you do not achieve seamless connection in the organization of eviction measures, you have a direct responsibility ......Of course, if you can come up with evidence that the person has been driven away many times and repeatedly entered, there is a possibility of exoneration, but you still cannot avoid the obligation of "humanitarian rescue"!

It is recommended that the expenses not be disbursed first, and the remaining fees should be confirmed by the other party through legal channels, and then paid through one-time negotiation.

Hello, no compensation is required.

Because the law of our country stipulates that in a criminal case, if the defendant bears civil compensation, it is only the victim who files a civil lawsuit attached to the criminal case, or a separate civil lawsuit, in this case, because the perpetrator has died, there is no criminal lawsuit, so the victim can only obtain compensation by filing a civil lawsuit, in the civil lawsuit, the defendant dies, the plaintiff can add his heirs to participate in the lawsuit, and the defendant's estate is the subject of compensation, so Zhu only bears the liability for compensation within the scope of his inheritance.

First of all, the victim has the right to compensation, and secondly, because the perpetrator died, the criminal case cannot be filed, so the victim can only file civil compensation. The victim may file a claim for compensation against the heirs, claiming that they should be liable for compensation within the total amount of the perpetrator's estate.

Your father is responsible for the injury caused by his own unilateral reasons, and there is no liability relationship between him and the construction party, and there is no compensation relationship.

At present, out of concern, the construction party has paid the preliminary medical expenses and has done its best.

Therefore, it is neither reasonable nor lawful for you to make a claim against the construction party.

It is important to note that this situation does not fall within the scope of workers' compensation. Here's why:

First, the employment relationship between your father and the construction party is uncertain (you didn't introduce it); Second, even if your father is a officially registered employee of the construction company, if an accident occurs on the way to and from work, he must bear non-primary responsibility or less, and the unilateral self-injury accident is fully responsible. Therefore, it cannot be determined as a work-related injury, not to mention that your father is not a registered employee of the construction company at present. From the employee's point of view, the employer has no responsibility or obligation to compensate for such a situation.