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Let me tell you: Actually, this is very simple, the injury of the injured person caused him to lose a certain ability to work, or left some sequelae.
1 13 stitches were placed on the left eye frame. (Not by the margin).
2 Left wrist fracture. (Not by the margin).
3 Deep cracks in the lower gums and splinting are performed. (If you can still eat, if you can still eat braised pork in the future, then you will be given 3 words "can't rely on").
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Legal analysis: It is possible to assess the disability, but after the lawsuit is filed, apply to the court to select an appraisal agency for assessment. The losses of traffic accidents are usually borne by the insurance company and the driver, and the losses for the injured include medical expenses and lost work expenses.
Nursing expenses, disability compensation and follow-up expenses, solatium for mental damages, etc. The specific amount should be settled through appraisal.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 144:When it is necessary to resolve certain specialized issues in the case in order to clarify the facts of the case, a person with specialized knowledge shall be appointed or hired to conduct an evaluation.
Article 145:After evaluators conduct an evaluation, they shall write an evaluation opinion and sign it. Where evaluators intentionally make false evaluations, they shall bear legal responsibility.
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Legal Analysis: The fees are as follows:
1) 300-600 yuan for the appraisal of the degree of injury in the appraisal of traffic accident disability;
2) 300-600 yuan for the person who is disable in the appraisal of traffic accident disability;
3) 400-800 yuan for the disability appraisal of the traffic accident and the disability appraisal of the person who is late in the disability appraisal of the combustion is delayed;
4) 800-1,000 yuan for the person who has the ability to conduct in the disability appraisal of the traffic accident clearance hall.
Legal basisProvisions on Procedures for Handling Road Traffic Accidents》 Article 54 The appraisal institution shall complete the inspection and appraisal within the prescribed time limit, and issue a written inspection report and appraisal opinion, which shall be signed by the appraiser, and the appraisal opinion shall also be stamped with the seal of the institution. The inspection report and appraisal opinion shall indicate the following matters:
1) the client;
2) The date and matter of the entrustment;
3) Relevant materials submitted;
4) The time of inspection and appraisal;
5) Basis and concluding opinions, where a conclusive opinion is reached through analysis, there shall be a process of analysis and proof.
The inspection report or appraisal opinion shall be accompanied by the qualification certificate or other supporting documents of the appraisal body or evaluator.
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Article 25 of the Interpretation stipulates that disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of incapacity or disability level of the victim and the per capita disposable income of urban residents or per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by 1 year for each additional year; If you are over 75 years old, it will be counted as 5 years.
1.Determination of the nature of disability compensation Whether the nature of disability compensation is property damage compensation or moral damage compensation The "Interpretation of Personal Injury Compensation" is based on the provisions of the "State Compensation Law", and the determination of the nature of disability compensation refers to the compensation for property damage caused by the reduction of income or loss of life due to disability. The newly promulgated Tort Liability Law of the People's Republic of China once again confirms the nature of disability compensation, and clearly stipulates that disability compensation is metal and property damage compensation, rather than moral damage.
A major traffic accident occurred in Sichuan, and 22 people were killed and 6 injured when China Bus fell off a cliff. >>>More
Traffic accident disability assessment is generally carried out only after the injured person is **. The identification of traffic accident disability is the process of evaluating and determining the degree of disability of a person injured in a road traffic accident on the basis of an objective test. Disability levels range from level 1 to 10. Each has different criteria. >>>More
Disability compensation is calculated according to the standard of death compensation in the previous year in your province or municipality directly under the central government, level 10 is 10% of the death compensation, level 9 is 20%, level 5 is 60%, and the death compensation is calculated according to the per capita disposable income of urban residents in the previous year (agricultural household registration is based on the per capita net income of rural residents) in your province or municipality directly under the central government for 20 years.
You can report the case at any time after a traffic accident, and there is no timeliness of reporting, but you should call the police immediately after the traffic accident, because the first time the accident occurs, it is conducive to protecting the scene, collecting evidence, and dividing responsibilities. If the body is damaged and it is necessary to recover compensation, a lawsuit shall be filed with the people's court within one year from the date of the accident. If the party fails to report to the police at the scene of the traffic accident and requests the traffic management department of the public security organ to deal with it afterwards, the party shall provide evidence of the traffic accident to the traffic management department of the public security organ within 10 days after making the request. >>>More
There is also a percentage of secondary liability, whether it is 1% or 49% is secondary responsibility, and 50% is equal responsibility. The compensation items and calculation methods are shown below**.