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1. First of all, whether the degree of injury has constituted a slight injury, if it is a minor injury, the beater constitutes the crime of intentional injury, and should be investigated for criminal responsibility in accordance with the law, and you, as the victim, should report to the police.
3. The scope of tort compensation includes: medical expenses, lost work expenses, nursing expenses, transportation expenses, hospital meal subsidies, nutrition expenses, etc., and if there is mental damage, such as facial disfigurement or extremely significant impact on one's own reputation, etc., you can claim solatium for mental damages.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, and necessary nutrition expenses.
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1. If you are beaten, you can generally negotiate compensation privately:
1) If the injury does not reach the level of a minor injury, the perpetrator may be required to bear medical expenses, lost work expenses, nursing expenses, and transportation expenses;
2) If the loss reaches the level of minor injury or serious injury, the person who was beaten needs to bear criminal liability, and the civil compensation borne is generally proposed in the civil lawsuit attached to the criminal lawsuit, and the civil lawsuit may also be filed separately or the attached civil lawsuit may be tried first to claim compensation.
2. Legal basis: Article 64 of the Civil Procedure Law of the People's Republic of China.
Litigation lawyers and other litigants have the right to investigate and collect evidence, and may consult the relevant materials of the case. The scope and methods for inspecting the relevant materials in this case are to be provided for by the Supreme People's Court.
Article 68.
Parties shall promptly provide evidence for their own claims.
On the basis of the parties' claims and the circumstances of the trial, the people's courts are to determine the evidence that the parties shall provide and the time limit thereof. Where the parties have real difficulties in providing evidence within that time limit, they may apply to the people's court for an extension of the time limit, and the people's court will appropriately extend it on the basis of the party's application. Where parties fail to provide evidence within the time limit, the people's court shall order them to explain the reasons; Where they refuse to explain the reasons or the reasons are not sustained, the people's courts may, on the basis of different circumstances, reject the evidence, or give the evidence but give a reprimand or a fine.
2. How to go through the legal process when you are beaten.
If someone is beaten, they should report to the police in time. Where it is determined that the injury is more than minor, criminal responsibility shall be pursued, and the victim may raise an attached civil lawsuit to claim civil compensation if the crime of intentional injury is suspected. If one party fails to perform after the judgment takes effect, it may apply to the court for compulsory enforcement, and compulsory measures such as inquiry, freezing, or transferring the deposits of the person subject to the application for enforcement may be employed.
If it does not constitute a criminal case, a civil lawsuit may be initiated.
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The items claimed for compensation after being beaten are as follows:1. Medical expenses are calculated according to the actual expenses incurred;
2. Lost work pay, where the victim has a fixed income, is calculated according to the actual reduced income; for those who do not have a fixed income, it shall be calculated according to their average income level in the last three years;
3. The hospital meal subsidy shall be calculated according to the business trip meal subsidy standard of the staff of the local state organs;
4. Transportation expenses are calculated according to the actual transportation expenses incurred during the ** period;
5. Nursing fees, hired nursing staff are calculated according to the actual salary of local nursing staff.
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There are two ways to get compensation for being beaten:
1. Negotiation and settlement: The two parties can negotiate on their own or reach a settlement agreement under the mediation and mediation of other third parties to resolve the dispute;
Public Security Administration Punishment Law of the People's Republic of China》 Article 43: Whoever assaults another person, or intentionally harms the body of another person, is to be detained for not less than 5 days but not more than 10 days, and is also to be fined between 200 and 500 RMB, and where the festival is lighter, he is to be detained for up to 5 days or fined up to 500 RMB.
1) Assaulting or injuring others in a group (2) Assaulting or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60 (3) Assaulting or injuring others multiple times, or assaulting or injuring multiple people at a time.
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The items claimed for compensation after being beaten are as follows:1. Medical expenses are calculated according to the actual expenses incurred;
2. Lost work expenses, where the victim has a fixed income, it will be calculated according to the actual reduced income; for those who do not have a fixed income, it shall be calculated according to their average income level in the last three years;
3. The hospital meal subsidy shall be calculated according to the business trip meal subsidy standard of the staff of the local state organs;
4. Transportation expenses are calculated according to the actual transportation expenses incurred during the ** period;
5. Nursing expenses shall be calculated according to the actual salary of the local nursing staff.
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If you want to get compensation after being injured by someone else, you can apply for compensation according to this personal injury compensation standard, and if the other party is not willing to compensate, you can choose to call the police. At the time of obtaining compensation, the victim is also required to explain the circumstances of the situation and conduct an evaluation of the injuries to determine the extent of the injuries.
"Personal injury compensation" refers to the tort legal system in which a civil subject's right to life, health, or body is unlawfully infringed, resulting in injury, disability, death, or other damages, and requires the infringer to provide relief and protection by means of property compensation.
After being injured, what responsibility is required of the other party based on the results of the evaluation?
1. If it constitutes a slight injury or more than a minor injury, the beater is suspected of the crime of intentional injury and shall be investigated for criminal responsibility in accordance with the law. shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, and controlled release.
2. If the injury is assessed as a minor injury, the victim can only claim civil compensation, and the victim can directly sue the court for personal injury compensation; At the same time, an administrative penalty may be requested.
3. After the public security organ files a case, the victim may also file a civil lawsuit attached to the criminal case to demand compensation. Of course, it is also possible to sue directly in court for personal injury compensation. Liquid Min Wei.
4. Personal injury compensation items include: medical expenses, nursing expenses, lost work expenses, hospital meal subsidies, nutrition expenses, transportation expenses, disability compensation, mental injury solace, etc.
At the end of the appraisal, the victim can be compensated according to the results of the appraisal.
Legal basis: Article 17 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: The compensation obligor shall compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
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If you are beaten, if the circumstances are serious, you must pay for medical expenses, nutrition expenses, lost work expenses, nursing expenses and mental damages.
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If the level of the fight is high, then the other party will constitute a crime, not only economic compensation, but also be punished by law.
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