When is the traffic accident disability appraisal done?

In traffic accident cases, many parties often do not have an accurate grasp of the time of disability appraisal, which leads to the fact that some disability appraisal conclusions cannot be supported by the court in the process of litigation. Today I will share with you when the disability assessment of traffic accidents should be completed. The party who was injured and disabled in a traffic accident can be disability appraisal after being discharged from the hospital, and if there is an internal fixation, it is necessary to wait until the internal fixation is taken out and the disability appraisal is carried out after recovery.

If the appraisal is carried out before the end of the party, and the end is not yet concluded at this time, it is impossible to judge whether the party will leave a certain amount of damage and whether it can be intact after the end of the future, and the evaluation made based on the injury of the party at this time is not objective, because this cannot reflect and reflect the situation after the end of the party. The disability appraisal agency may be entrusted by a law firm or by the traffic management department of the public security organ, but before entrusting it, it is necessary to understand whether the appraisal agency has the corresponding appraisal qualifications, otherwise the appraisal conclusion may not be supported by the court. Legal basis:

Article 20 of the General Principles of Judicial Appraisal Procedures: After a forensic appraisal institution accepts the entrustment, the forensic appraiser designated by the forensic appraisal institution, or the forensic appraiser applied for by the client and agreed by the forensic appraisal institution, completes the entrusted matters. Article 21 of the General Principles of Judicial Appraisal Procedures: The same judicial appraisal matter shall be conducted by two or more judicial experts. The first forensic expert bears primary responsibility for the appraisal conclusions, and the other forensic evaluators bear secondary responsibility.

Article 22 of the General Principles of Judicial Appraisal Procedures: Judicial appraisal conclusions shall be reviewed by judicial appraisers within the institution who have the qualifications for senior technical positions in that specialty. The reviewer shall be jointly and severally liable for the appraisal conclusions.

**After the end of the work, you have to ask the forensic appraisal agency specifically. There is a recovery period for fractures, etc., and it takes a period of time to recover after the end. Well, you look at the judicial interpretation of personal injury compensation.

Disability identification, if fracture or other things, generally takes 3 months to be evaluated, and if the nervous system is injured, it takes 6 months.

The time of identification specified in the traffic accident appraisal standard is that the injury is stable, and the appraisal agency generally grasps the appraisal 3 months after discharge.

It can be done after discharge. If you don't do it early, you can't do it when it's finished.

Legal analysis: Under normal circumstances, it is to wait for the victim's injury to stabilize and do the disability evaluation, because the damage caused by the traffic accident may lead to complications and sequelae of the injured, and the time for the disability evaluation needs to be decided according to the physical recovery and the situation.

Legal basis: General Principles of Judicial Appraisal Procedures

Article 11. Forensic evaluation establishments shall uniformly accept the case-handling organs' forensic evaluation entrustment.

Article 12. Where the client entrusts an evaluation, they shall provide the forensic evaluation body with true, complete, and sufficient evaluation materials, and be responsible for the authenticity and legality of the evaluation materials. Forensic evaluation institutions shall check and record the name, type, quantity, character, state of preservation, time of receipt, and so forth of the appraisal materials.

Where litigants have objections to the evaluation materials, they shall submit them to the client.

The term "appraisal materials" as used in these General Principles includes biological and non-biological materials, comparison sample materials, and other identification materials related to identification matters.

Article 13. The forensic appraisal institution shall make a decision on whether to accept it within 7 working days of receiving the entrustment of the Huai file. For the entrustment of complex, difficult, or special appraisal matters, the forensic appraisal institution may negotiate with the client to decide on the time for acceptance.

The appraisal of traffic accident disability shall be entrusted to a qualified appraisal institution to conduct inspection and appraisal within three days from the date of completion of the investigation at the scene of the accident.

Legal basis:Article 49 of the Provisions on Procedures for Handling Road Traffic Accidents.

If it is necessary to carry out inspection and appraisal, the traffic management department of the public security organ shall, in accordance with the relevant provisions, entrust a qualified appraisal agency to conduct inspection and appraisal within three days from the date of the completion of the investigation at the scene of the accident. The autopsy shall be commissioned within 3 days of the date of death. The inspection and appraisal of the traffic hit-and-run vehicle shall be entrusted within three days from the date of seizure of the suspected vehicle.

If the on-site investigation needs to be inspected and identified after three days from the date of completion, it shall be reported to the traffic management department of the public security organ at the next higher level for approval. The evaluation of mental illness is to be conducted by an evaluation institution with psychiatric evaluation qualifications.

Legal analysis: For the time of traffic accident disability identification, according to the relevant laws and regulations of China, the primary injury and its related complications should be completed or the clinical effect is stable. At this stage, the practice of courts in various regions of China is different, and it is generally applied for appraisal three to six months after the end of **, and the specific time is subject to the actual situation.

Legal basis: "Disability Assessment of Persons Injured in Road Traffic Accidents" destroys the timing of the assessment.

The timing of the assessment should be based on the injury directly caused by the accident or the complications caused by the injury**.

When there are disagreements on the finalization, the case-handling organs may organize relevant professionals to conduct an evaluation to determine whether it is final.

Within 15 days after the end of diagnosis and treatment, the disability appraisal of traffic accidents can be applied to the public security department to carry out the disability appraisal, and the appraisal room prescribed by law must be evaluated only after the clinical results are stable. Most people's injuries can only stabilize 3 to 6 months after the traffic accident, and if the brain is harmed and the autonomic nervous system level or the body is fractured in the long bones, it is necessary to wait 6 to 12 months before the identification requirements can be achieved.

Where to do the disability identification.

The disability appraisal shall be filed with the local people's procuratorate and shall be qualified by the appraisal organization, and the defendant shall be able to require the traffic department that resolved the traffic accident to present the disability appraisal letter and go to the detailed address indicated on the certificate. You need to bring the disability assessment application report, CT, X-ray, surgical record, identity document and household registration raw materials, and hand them over to the staff of the appraisal organization and pay the appraisal fee, and you can book the appraisal room after paying the fee.

It also contacts the identification organization by itself, and the hungry limbs are generally all the identification cores of the tertiary hospitals or medical universities, and the source books of this identification organization are all relatively qualified. If the injuries are complex, it is likely that two or three evaluations will be required before a conclusion can be made. When such a traffic accident involves a violation or crime with a large amount of economic losses, it shall be authorized by the traffic management department.

What to do if you are not convinced by the results of the disability assessment.

If the defendant questions the appraisal report and is able to handle the re-testing and appraisal, it should apply for it within three days of the effective date of the appraisal sent by the transportation department, and must be approved by the transportation department of the public security department at or above the county level.

After the appraisal results are out, you can file a lawsuit with the people's court to settle the claim to the defendant, and the new items that can be compensated include: ** expenses, lost work, escort expenses, travel expenses, hospitalization meals, disability compensation, etc.

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