Personal injury claim items and approximate amounts

Legal analysis: 1. Medical expenses;

2. Nursing expenses during the ** period;

3. Income reduced due to lost work;

4. Transportation expenses;

5. Self-help expenses for the disabled;

6. Living allowance for the disabled;

7. Disability compensation;

8. Living expenses for persons dependent on disabled persons;

9. If death is caused, funeral expenses, death compensation, and living expenses of the deceased's dependents during his lifetime shall be paid;

10. Other expenses stipulated by laws and administrative regulations.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Cases of Compensation for Personal Injuries" 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. The compensation obligor shall also compensate the victim for the remaining expenses incurred due to the increase in his or her living needs and 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, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

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

1. Medical expenses;

2. Nursing expenses during the ** period;

3. Income reduced due to lost work;

4. Transportation expenses;

5. Self-help expenses for the disabled;

6. Living allowance for the disabled;

7. Disability compensation;

8. Living expenses for persons dependent on disabled persons;

9. If death is caused, funeral expenses, death compensation, and living expenses of the deceased's dependents during his lifetime shall be paid;

10. Other expenses stipulated by laws and administrative regulations.

Legal basis: Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Personal Injury Compensation Cases provides that if the victim suffers personal injury, the various 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, shall be compensated by the compensation obligor.

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 living needs and the loss of income caused by the loss of ability to work, including compensation for deferred disability compensation, expenses for disability assistive devices, living expenses for dependents, as well as necessary expenses, nursing expenses, and follow-up 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.

Calculation of the amount of compensation for personal injury: Where the victim causes injury to others but has not yet caused disability, compensation shall be made for medical expenses and loss of income due to lost work. Medical expenses generally include medical expenses, ** expenses, nursing expenses, transportation expenses, accommodation expenses, necessary nutrition expenses, etc.

1) Medical expenses. The amount of medical expenses is determined based on the diagnosis certificate of the hospital and the official medical invoice. Including the ** fee, examination fee, surgery fee, medical fee, hospitalization fee, plastic surgery fee and follow-up ** paid by the other party for **;

2) Nutrition fee. The amount of nutrition expenses is determined on the basis of a doctor's certificate of diagnosis of nutritional needs and proof of related expenses. It refers to the cost of purchasing nutritional products other than the daily diet in order to assist ** disease or make the body dig faster**.

3) Lost work expenses and nursing expenses. Lost time pay and nursing care pay are determined based on the lost time and income of the other party or the caregiver. If there is a fixed income, the compensation for lost work shall be calculated according to the actual reduced income.

if they have no fixed income, it shall be calculated according to their average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

4) Transportation and accommodation expenses. The transportation expenses are calculated according to the actual transportation expenses incurred by the other party and the necessary escorts due to medical treatment or hospital transfer**; The accommodation fee shall be paid according to the actual accommodation fee incurred by the other party and its escort; The hospital meal subsidy should be calculated on the basis of actual expenditures and expenses or the actual local standard of living;

5) Disability compensation. Disability compensation is calculated on the basis of the level of disability determined by the forensic examination, the living expenses or income standard of the other party's place of residence or actual residence. According to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year announced by the local government, it is 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;

6) Disability Assistive Device Fee The disability assistive device fee shall be calculated according to the reasonable cost standard of Changcoar's ordinary applicable equipment.

7) Property damageThe property loss is limited to the actual property loss suffered by the other party, including the maintenance cost of the item, the depreciation fee, etc., and the actual value of the damaged item is limited. Invoices, contracts, receipts, and so forth for the purchased items shall be provided to prove the value of the damaged items, and if the value cannot be determined, an appraisal may be applied for, and the appraisal shall be determined on the basis of the appraisal conclusions.

Personal injury compensation items include:

1. Medical expenses;

2. Nursing expenses during the ** period;

3. Income reduced due to lost work;

4. Transportation expenses;

5. Self-help expenses for the disabled;

6. Living allowance for the disabled;

7. Disability compensation;

8. Living expenses for persons dependent on disabled persons;

9. If death is caused, funeral expenses, death compensation, and living expenses of the deceased's dependents during his lifetime shall be paid;

10. Other expenses stipulated by laws and administrative regulations.

"Personal injury compensation items" refers to the specific items included in the compensation given by the personal injury compensation obligor to the person entitled to compensation.

"Personal injury compensation" refers to the legal remedy system in which the law provides legal relief to infringed persons or their close relatives whose rights to life, body, or health have been infringed by the tort liability of compensation for losses. Infringing on the rights to life, body, and health of others, causing multiple harmful consequences such as death or disability of the infringed person, and may also lead to mental damage to the infringed person or the infringed person's close relatives, and causing property losses to the infringed person or his close relatives.

Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Trial of Cases of Compensation for Personal Injuries Where a victim suffers a 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 compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up 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.