Important question! 30 on personal injury compensation

The other party compensates for medical expenses and lost work expenses! If you want to prosecute, you should do an appraisal!

Identification of the hospital! Witnesses! It's best to report the crime!

Hospital cases, hospital receipts, police station records, income certificates, medical expenses, lost work expenses, mental damage expenses, prosecution fees.

Medical expenses, lost work expenses, prosecution fees, and mental damage expenses should not be too much.

1. The State Compensation Law clearly stipulates in state compensation cases.

Compensation shall be made in accordance with the provisions of the National Compensation Law, and the provisions of Legal Interpretation No. 20 2003 shall not apply. The reasons are as follows: First, state compensation is ultimately borne by the state and is the compensation of the sovereign, which is different from the ordinary model of tort compensation.

Second, the State Compensation Law is a basic law, which is higher in effect than the judicial interpretations of the Supreme People's Court.

2. Medical malpractice disputes.

There are differences in the calculation standards between the Regulations on the Handling of Medical Malpractice and the Legal Interpretation No. 20 of 2003 in terms of lost work expenses, escort expenses, disability living allowances, living expenses for dependents, etc., as well as differences in payment methods. In medical malpractice disputes, Fa Shi No. 2003 No. 20 should be applied preferentially as the adjudication rules, and the provisions of the Regulations on the Handling of Medical Malpractice on the scope of compensation and calculation methods should not be used as adjudication rules.

Of course, if there is no explicit provision in Fa Shi (2003) No. 20, the provisions of the Regulations on the Handling of Medical Accidents can be referred to, such as the provisions on the identification of medical accidents and administrative penalties.

3. Work-related injury insurance.

It belongs to the category of social insurance, and there is a fundamental difference in the nature of civil damages, which should be adjusted by the labor law (regulations on work-related injury insurance, etc.).

IV. Coordinated legal interpretations with relevant judicial interpretations of the Supreme People's Court.

Where the content of judicial interpretations that have already taken effect before the promulgation and implementation of this Interpretation is inconsistent with this Interpretation, this Interpretation is controlling. Therefore, the relationship between it and relevant judicial interpretations also needs to be straightened out.

5. Foreign-related cases involving maritime persons.

The Specific Provisions on the Trial of Damages in Foreign-related Maritime Personal Cases (for Trial Implementation) are only applicable to cases involving foreign-related elements, and maritime compensation cases caused by the infringement of the victim's life and health in the course of offshore (including sea waters) and port operations, and its particularity lies in its foreign-related nature.

According to the second paragraph of Article 36 of Fa Shi 2003 No. 20, when the two judicial interpretations have different provisions, Fa Shi No. 20 2003 shall be the basis.

However, the Specific Provisions on Compensation for Damages in the Trial of Foreign-related Maritime Personal Cases (for Trial Implementation) has not been repealed, and there is still room for application when there is no provision in Fa Shi (2003) No. 20.

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; Stupid waiter.

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 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 necessary expenses incurred 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 dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and succession, shall also be compensated by the compensation obligor.

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.

Personal Injury Compensation List Today I will send you a list of personal injury compensation calculations, being beaten, traffic accidents, injuries while working for the boss,