Legal appraisal of injuries and disabilities in traffic accidents can be rated on several levels per

Updated on society 2024-04-04
5 answers
  1. Anonymous users2024-02-07

    Not all parts of the same part can be evaluated.

  2. Anonymous users2024-02-06

    Legal analysis: If the disability level is identified, there will be a corresponding disability level compensation, and a disability certificate can also be processed. Levels 1-5 also include child support for minor children and alimony for the elderly, which add up to not a small amount.

    The legal basis is rough: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) On the way to and from work, being injured in a traffic accident for which they are not primarily responsible, or by an accident involving rail transit, passenger ferries, or trains; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

  3. Anonymous users2024-02-05

    1. Who will assess the disability level of traffic accidents, and who will assess the disability level of traffic accidents, and who will assess the disability level of traffic accidents. The disability appraisal of traffic accident disability is generally completed or half a year after discharge, otherwise the appraisal agency will not do it. It is possible to appoint an appraisal agency by the court after the lawsuit is filed, or it can entrust a law firm to do so before the lawsuit.

    Disability in a traffic accident shall be terminated by the injury directly caused by the accident or complications caused by the injury. Victims are graded based on the injuries they suffered as a direct result. II. Appraisal of Disability in Traffic Accidents How to claim all reasonable expenses incurred by the victim for disability due to a traffic accident on the road (including but not limited to medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, follow-up expenses and mental injury solatium incurred due to nursing care and continued early rearing), the compensation obligor shall compensate for it.

    The injured person in the traffic accident can claim compensation from the perpetrator, have insurance, and find insurance compensation. According to the provisions of the Road Traffic Safety Law and other relevant laws and the judicial interpretation of the Supreme People's Court, the traffic police department shall first determine the responsibility for the accident. The insurance company underwritten by the compulsory traffic insurance shall compensate within the limit of the liability of the third party, and the excess shall be compensated by the other party according to the determination of liability.

    The insurance company and the other party are required to compensate for medical expenses, lost work expenses, hospitalization nursing expenses, hospital meal expenses, and transportation expenses. If the disability is caused, the disability compensation, the living expenses of the dependents, and the compensation for moral damages shall be determined according to the disability level after the disability evaluation. The specific amount is calculated according to the actual bills, evidence, income, lost work time, disability level, household registration, local statistical data, living standards, etc., and the calculated total amount is within the limit of the other party's vehicle compulsory insurance shall be compensated by the insurance company in full, and the excess part shall be compensated by the parties to the accident according to the proportion of accident liability.

  4. Anonymous users2024-02-04

    The level of disability standards for traffic accident injuries ranges from level 1 to level 10, and each has different standards. The assessment of traffic accident disability can only be assessed after the injured person**. 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.

    What are the levels of traffic accidents?

    Traffic accidents are usually divided into four categories: minor accidents, general accidents, major accidents and major accidents. 1. Minor accidents refer to accidents that cause minor injuries to 1 to 2 people at a time, or property damage is less than 1,000 yuan for motor vehicles and less than 200 yuan for non-motor vehicles. 2. General accidents refer to accidents that cause serious injuries to 1 to 2 people, or minor injuries to more than 3 people, or property losses of less than 30,000 yuan.

    3. Major accidents refer to accidents that cause the death of 1 to 2 people, or the serious injury of more than 3 people and less than 10 people, or the loss of property between 30,000 yuan and 60,000 yuan. 4. A major accident refers to an accident that causes the death of more than 3 people, or the serious injury of more than 11 people, or the death of 1 person and the serious injury of more than 8 people at the same time, or the death of 2 people and the serious injury of more than 5 people at the same time, or the loss of property of more than 60,000 yuan.

    Traffic accident disability rating standards.

    According to the provisions of the "Classification of the Disability Degree of Human Preparation and Disability Injury", this standard divides the degree of disability of human injury into 10 levels, from level 1 (human disability rate of 100%) to level 10 (human disability rate of 10%), with a difference of 10% in the disability rate of each level.

    The basis for the judgment is: based on the structural destruction and dysfunction of human tissues and organs, and the degree of dependence on medical treatment and nursing, and due consideration of the influence of social interaction and psychological factors caused by disability, the degree of disability is comprehensively determined.

    What is the standard for the disability rating of traffic accidents?

    The appraisal standard for the disability rating of traffic accidents is the document "Classification of the Degree of Disability Caused by Human Injury". The document makes detailed provisions for the identification of the level of injury imitation forest tremor. Identification should be performed after the primary injury and known associated complications have been resolved** or the clinical** response has stabilized.

    The forensic evaluation institution shall make a decision on whether to accept it within 7 working days of receiving the entrustment. 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.

    Can you be disabled for traumatic arthritis in traffic accidents?

    Traumatic arthritis caused by traffic accidents can also be assessed as disabled, and "traumatic arthritis" should be grade 8.

    How to compensate for traffic accident compensation without disability.

    If the traffic accident compensation is not assessed, the compensation obligor may be required to pay compensation for medical expenses, hospital meal allowance, vehicle damage expenses, transportation expenses, and mental solace (which may be very small, because there is no evidence of disability level). After the disability assessment, you can claim disability compensation (including living expenses of dependents), lost work expenses, nursing expenses, follow-up expenses, nutrition expenses and other compensation.

  5. Anonymous users2024-02-03

    Traffic accident disability is based on the destruction of human tissues and organs, dysfunction, and the degree of dependence on medical treatment and nursing, and due consideration of the influence of social interaction and psychological factors caused by disability, to comprehensively determine the degree of disability.

    [Legal basis].

    Classification of the degree of disability caused by human injury".

    Based on the consequences or outcomes of injury, the degree of tissue and organ loss and/or dysfunction should be objectively evaluated, the causal relationship between injury and disability should be scientifically analyzed, and the appraisal should be carried out realistically.

    If the injured person meets two or more levels of disability, the evaluation opinion shall indicate the level of disability in each place.

    Identify timing. Identification should be made after the primary injury and its associated complications** have been terminated or the clinical response has stabilized.

    Disability classification.

    This standard divides the degree of disability caused by human injury into 10 levels, from level 1 (100% human disability rate) to level 10 (human disability rate 10%), with a difference of 10% in each level of disability rate. The basis for the classification of disability is shown in Appendix A.

    Basis for judgment. Based on the structural destruction and dysfunction of human tissues and organs, as well as the degree of dependence on medical treatment and nursing, and the influence of social interaction and psychological factors caused by disability, the degree of disability is comprehensively determined.

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I didn't understand what you said. Vehicle inspection? Aren't you talking about speed testing? Or is it a traffic accident certificate given by the traffic police? It does not include vehicle speed appraisal, and the general vehicle speed appraisal is identified by the traffic police or individuals entrusted by a judicial appraisal agency.