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Legal analysis: Compensation for personal injuries includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses and other expenses, and if the person is disabled, he shall also be compensated for disability compensation, disability auxiliary equipment, living expenses of dependents, ** expenses, nursing expenses, etc., and the victim dies. Medical expenses shall be determined on the basis of receipts such as medical expenses and hospitalization fees issued by medical establishments, compensation for lost work shall be determined on the basis of the victim's lost time and income, nursing expenses shall be determined on the basis of the income status of the nursing staff, the number of nurses, and the duration of care, transportation expenses shall be based on official bills, the subsidy for inpatient meals may be determined with reference to the standards for food subsidies for general staff of local state organs for business trips, and the nutrition expenses shall be determined on the basis of the victim's disability with reference to the opinions of the medical establishment. Disability compensation is determined on the basis of the degree of the victim's inability to work or the level of disability, the cost of disability assistive devices is calculated according to the reasonable cost standard of commonly applicable appliances, and the living expenses of dependents are determined according to the degree of loss of ability to work of the dependents.
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" Article 17 The victim suffers personal injury, and the expenses incurred due to medical treatment** and the income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and compensation.
If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in the needs of living and transportation, as well as the loss of income caused by the loss of ability to work, including disability compensation, disability assistive devices, and living expenses of dependents, as well as the necessary expenses actually incurred due to nursing care and continuation.
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.
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Summary. Did your son fall from a stumble?
Hello lawyer. My son fell into an unprotected septic tank in 2012 and caused bodily harm.
It is still under review.
Did your son fall from a stumble?
How can this be resolved legally?
If the septic tank is not protected, you can claim compensation from the owner of the septic tank.
I know that the owner is now also responsible for the medical expenses.
Is there a disability assessment? How many levels of disability?
Tuberculosis is now being identified.
Not yet**. You can claim compensation from the other party after determining the level of disability.
You can appoint a lawyer to help you negotiate the amount of compensation with the other party.
The other party's unprotected septic tank infringes on your son's personal injury, and you should compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, etc., as well as the loss of income due to lost work. If the disability is caused, compensation shall also be made for the cost of disability living aids and disability compensation. If death is caused, funeral expenses and death compensation shall also be compensated.
You're an accidental injury.
Determination of the nature of the death benefit. >>>More
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases is formulated for the correct trial of personal injury compensation cases and the protection of the lawful rights and interests of the parties in accordance with law. >>>More
Legal analysis: The Supreme People's Court has made corresponding judicial interpretations for real-life cases involving personal injury compensation, defining the subject matter of the lawsuit and the original defendant. The Supreme People's Court's Judicial Interpretation on Personal Injury Compensation provides normative guidance on specific disputed issues, and serves as a good model for courts, plaintiffs, and defendants. >>>More
No, the nature of the disability level appraisal and the personal injury grade appraisal are different, and the appraisal standards are also different. The disability appraisal committee is composed of the labor department and the medical department to identify the disability caused by the work-related injury. The identification of personal injury level is composed of public security organs and forensic doctors, and is used to identify personal injuries caused by infringement, traffic accidents, etc. >>>More
The specific compensation depends on the circumstances of the other party's injuries, and where compensation is actively made, the court will generally reduce the punishment as appropriate, and the criminal suspect's attitude of admitting guilt has a certain impact on the court's judgment, and where the body of another person is intentionally harmed, he is to be sentenced to up to three years imprisonment, short-term detention, or controlled release. >>>More