Looking for legal advice on personal injuries and personal injury legal issues?

Hello, you can consult a lawyer.

There is a chance of winning, if the other party has definite proof that it is only your brother who hits, then the medical expenses, lost work expenses, etc. can be claimed from you. The main purpose of the injury evaluation is to see if you meet the criteria for a criminal offense. Meeting the standard only means that you are not guilty of a criminal offence, but you may still be liable for civil matters.

If you want to refute, you must have evidence to prove that it was not you who hit you, or that the other party provoked first.

Legal analysis: If the person intentionally inflicts bodily harm on another person, it will be found to be the crime of intentional injury when the degree of damage is minor or above, but for this crime, customary preparation is called the crime of personal injury.

Legal basis: Criminal Law of the People's Republic of China" Article 234: Whoever justifies that he intends to harm the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law otherwise provides for imitation stoves, follow those provisions.

The ancients said: The body is skinned, and the parents who receive it dare not destroy it, and the beginning of filial piety is also. People often suffer physical injuries in their daily lives due to accidents, such as:

Traffic accidents, work-related injuries, product liability, high-risk operations, etc. After such an accident occurs, it will not only cause irreparable damage to the victim's physical health, but also cause joint and several damage to other legitimate rights and interests related to it. For a variety of reasons, the infringing party often does not agree to fully compensate the victim for his losses, and most victims do not know what their losses include, let alone the calculation of various compensation items and the requirements for proof.

The usual compensation items in personal injury compensation cases include: medical expenses, lost work expenses, nursing expenses, nutrition expenses, hospital meal subsidies, transportation expenses, etc.; If the level of lead disability is reached, there are also disability compensation, living expenses for dependents, disability assistive device expenses, mental injury solace money, follow-up expenses, etc.; Where the victim's death is caused, there are also death compensation, funeral expenses, and so forth. As the specific circumstances of each case are different, the compensation items and calculation methods will also be different.

In terms of the allocation of the burden of proof, the law stipulates that the victim shall provide evidence to prove his or her own lawful losses, and each compensation item needs to be proved by one or more pieces of evidence corresponding to it.

In addition, there are many other factors that affect the amount of compensation, such as: age, income, disability level, three periods of time (lost work period, nursing period, nutrition period), the situation of dependents, etc., and some factors also need to be forensically appraised. Statistics show that in personal injury compensation cases through lawyers, the amount of compensation can be increased by at least about 50% on the basis of the victim's own handling, and some cases even exceed 70%-80%.

Therefore, it is recommended that after the victim encounters personal injury, especially in the case of serious injury, it is best to entrust a professional lawyer to handle the claim, so as to protect his legitimate rights and interests to the greatest extent, reduce the risk, and avoid worries.