Personal Injury Disputes?? What is the dispute over personal injury compensation?

There are three main consequences of personal injury: causing injury without achieving disability; injury resulting in disability; Injuries lead to death. Items of compensation for injury caused but disability achieved:

medical expenses; Lost time expenses; nursing fees; Travelling expenses; accommodation fees; Hospitalization meal subsidy; Necessary nutrition expenses. Compensation items for disability caused by injury: medical expenses; Lost time expenses; nursing fees; Travelling expenses; accommodation fees; Hospitalization meal subsidy; Necessary nutrition expenses. Disability compensation, disability assistive device expenses; living expenses for dependents; ** expenses, nursing expenses, follow-up expenses incurred due to **care, continuation**.

In the event of the death of the victim, the compensation items: lost work expenses; nursing fees; Travelling expenses; accommodation fees; Hospitalization meal subsidy; Necessary nutrition expenses. living expenses for dependents; funeral expenses; death compensation; Reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 1: Where the person entitled to compensation sues the person with the right to compensate for property losses or mental harm due to the infringement of life, health, or body, the people's court shall accept it. "Compensation rights holders" as used in this article refers to victims who have directly suffered personal injuries as a result of torts or other causes of harm, dependents who have the obligation to support the victim in accordance with law, and close relatives of deceased victims. "Persons obligated to compensate" as used in this article refers to natural persons, legal persons, or other organizations that shall bear civil liability in accordance with law for their own or others' tortious acts or other causes of harm.

Article 2: Where the victim is intentional or negligent in the occurrence or expansion of the same harm, the liability of the person obligated to compensate may be reduced or exempted. However, if the infringer causes damage to others intentionally or through gross negligence, and the victim is only generally negligent, the liability of the person obligated to pay compensation shall not be reduced. Paragraph 3 of Article 106 of the General Principles of the Civil Law provides that when determining the liability of the person obligated to compensate, if the victim is grossly negligent, the liability of the obligor may be reduced.

Article 3: Where two or more persons cause harm to others with joint intent or joint negligence, or where there is no joint intent or joint negligence, but the same harmful consequences occur directly in conjunction with their infringing acts, it constitutes joint infringement and shall bear joint and several liability in accordance with article 130 of the General Principles of the Civil Law.

Legal basis: Article 179 of the Civil Code of the People's Republic of China Article 179 The main ways to bear civil liability are: (1) stopping the infringement, (2) removing obstacles, (3) eliminating dangers, (4) returning property, (5) restoring the original state, and (6) repairing, reworking, or replacing.

Legal Analysis: Settlement of Personal Injury Disputes: (1) Negotiation, which refers to the agreement reached by the parties on a voluntary basis on the right holder, obligor and specific compensation method of personal injury compensation.

2) Mediation, mediation, refers to the activities of the people's mediation committee to promote the parties to voluntarily reach a mediation agreement on the basis of equal consultation and resolve civil disputes through persuasion, guidance and other methods.

Legal basis: "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 personal injury, the compensation obligor shall compensate for 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. If the victim is disabled due to injury, the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of ability to work, including disability compensation, disability assistive device expenses, and living expenses of the dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the nursing and continuation, shall also be compensated by the person who is suspected of making compensation.

Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

The standard of compensation for personal injury includes reasonable expenses such as medical expenses, nursing expenses, transportation expenses, etc., as well as loss of income due to lost work.

Personal injury compensation refers to the tort legal system in which the life, health, and body of a natural person are unlawfully infringed, resulting in injury, disability, death, and mental damage, and the compensation obligor is required to compensate with property.

Where property losses are caused by infringement of the personal rights and interests of others, compensation shall be made in accordance with the losses suffered by the infringed party or the benefits obtained by the infringer as a result; Where it is difficult to determine the losses suffered by the infringed party and the benefits obtained by the infringer as a result, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances.

Where the compensation rights holder sues some of the joint infringers, the people's court shall add other joint infringers as joint defendants. Where the person entitled to compensation waives its claims against some of the joint infringers in the litigation, the other joint infringers shall not be jointly and severally liable for the share of compensation that the defendant whose claims have been abandoned. Where the scope of liability is difficult to determine, it is presumed that the joint tortfeasors bear equal liability.

The people's court shall inform the person entitled to compensation of the legal consequences of the waiver of the litigation claim, and explain the circumstances of the waiver of the litigation claim in the legal documents.

According to the relevant provisions, if another person suffers personal injury, the infringer shall compensate the victim for personal injury, and the compensation for personal injury mainly includes the following aspects: first, the compensation for medical expenses, which is calculated according to the expense documents issued by the medical institution, and secondly, the compensation for lost work expenses is based on the victim's stable income in the company.

Legal basis

Civil Code of the People's Republic of China

Article 1187:After the damage has occurred, the parties may negotiate the method of payment of compensation costs. where the negotiation is inconsistent, the compensation fee shall be paid in a lump sum; If it is truly difficult to make a lump sum payment, it may be paid in installments, but the infringed party has the right to request the provision of corresponding guarantees.

Summary. Hello dear, happy to serve you. How to deal with personal injury compensation disputes(1) Negotiation refers to the agreement reached by the parties on a voluntary basis on the right holder, obligor and specific compensation method of personal injury compensation.

2) Mediation refers to the activities of the people's mediation committee to promote the parties to voluntarily reach a mediation agreement on the basis of equal consultation and resolve civil disputes through methods such as persuasion and counseling. After the mediation agreement is reached through mediation by the people's mediation committee, if both parties find it necessary, they may jointly apply to the people's court for judicial confirmation within 30 days of the mediation agreement taking effect, and the people's court shall promptly review the mediation agreement and confirm the validity of the mediation agreement in accordance with law. Where the people's court confirms the validity of the mediation agreement in accordance with law, and one party refuses to perform or fails to perform in full, the other party may apply to the people's court for compulsory enforcement.

Hello dear, happy to serve you. How to deal with personal injury compensation disputes(1) Negotiation refers to the agreement reached by the parties on a voluntary basis on the right holder, obligor and specific compensation method of personal injury compensation. 2) Mediation refers to the activities of the people's mediation committee to promote the parties to voluntarily reach a mediation agreement on the basis of equal consultation and resolve civil disputes through methods such as persuasion and counseling.

After the mediation agreement is reached through mediation by the people's mediation committee, if both parties find it necessary, they may jointly apply to the people's court for judicial confirmation within 30 days of the mediation agreement taking effect, and the people's court shall promptly review the mediation agreement and confirm the validity of the mediation agreement in accordance with law. Where the people's court confirms the validity of the mediation agreement in accordance with law, and one party refuses to perform or fails to perform in full, the other party may apply to the people's court for compulsory enforcement.

Kinship litigation refers to the way in which a natural person who has suffered an infringement on his or her life, health, or body sues the people's court to request compensation for property losses and mental damages. The parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

Article 1182 of the Civil Code of the People's Republic of China [Determination of the Amount of Compensation for Property Losses Caused by Infringement of Personal Rights and Interests] Where property losses are caused by infringement of the personal rights and interests of others, compensation shall be made in accordance with the losses suffered by the infringed party or the benefits obtained by the infringer as a result; Where it is difficult to determine the losses suffered by the infringed party and the benefits obtained by the infringer as a result, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances.