How to sue and compensate my mother who was injured and hospitalized?

2.If it does not constitute a minor injury, you should conduct a thorough ** on your mother, conduct a judicial appraisal of you after being discharged from the hospital, and according to the level of disability, you have the right to demand that the other party pay disability compensation, medical expenses, lost work expenses, nursing expenses, nutrition expenses, transportation expenses, hospitalization allowance, mental damages and other all expenses and losses;

3.If you need further consultation, you will need to bring your relevant medical records to the law firm for an interview.

Legal analysis: The prosecution process is as follows: first, the plaintiff files a lawsuit in the court and submits a complaint to the court with jurisdiction; Second, the court files a case for review, which is only a formal review, as long as it meets the criteria for filing a case, that is, there is a clear defendant, and there are specific factual claims and reasons; third, court scheduling**; Fourth, the court notifies the parties to appear in the case and conduct a trial; Fifth, the judgment is rendered and the verdict is pronounced in the civil lawsuit.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China: The following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person, or other organization with a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

1. What should I do if I am injured by my mother?

1. If the child is injured by the mother, the circumstances are serious and it is domestic violence, and the police should be reported to the police immediately. Where parties apply to the people's court for a personal safety protection order because they have suffered domestic violence or face a real threat of domestic violence, the people's court shall accept it.

2. Legal basis.

Article 23 of the Anti-Domestic Violence Law of the People's Republic of China.

Where parties apply to the people's court for a personal safety protection order because they have suffered domestic violence or face a real threat of domestic violence, the people's court shall accept it. Where a party is a person with no or limited capacity for civil conduct, or is unable to apply for a personal safety protection order due to coercion, intimidation, or other such reasons, their close relatives, public security organs, women's federations, residents' committees, villagers' committees, or administrative bodies for the aid of Wu Wei may apply on their behalf.

Article 33.

Where the perpetrator commits domestic violence and constitutes a violation of the administration of public security, a public security administrative sanction is to be given in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Second, what should I do if the evidence of my mother being beaten is insufficient

If the evidence is insufficient, the law cannot be applied to resolve the issue, and the only option is to give up or negotiate with the beater. Insufficient evidence refers to the fact that in the course of litigation, the main factual materials on which the circumstances of the case are determined are not sufficient as the basis for determining the circumstances of the case.

Because insufficient evidence means that one or some of the evidence on which a verdict is based is untrue and unreliable. That is, it does not have objectivity, relevance and legitimacy, and has not yet met the standard of authenticity. This is the basis for ensuring the quality of cases, which can also be called the basic standard.

1) The compensation for medical expenses and medical expenses shall generally be determined by the diagnosis certificate of the local ** hospital and the receipts or medical records and prescriptions of medical expenses, ** fees, and hospitalization expenses. (2) If the victim of lost work has a fixed income, the compensation for the loss of work shall be calculated on the basis of the actual loss of income. Compensation for the loss of work expenses of the injured person who has no fixed income may be determined by reference to the victim's average income in the previous year or the average income of the local area.

3) Hospitalization meal allowance for food expenses shall be compensated for the number of days of hospitalization in accordance with the standard of food allowance for general staff of state organs on business trips (yuan day). (4) Nursing expensesWhere the nursing staff has income, the compensation for nursing expenses may be calculated in accordance with the provisions on lost work expenses. If the caregiver has no income, the compensation for the nursing expenses may be calculated according to the average living expenses of the local residents.

5) Transportation expenses (6) Accommodation expenses shall be calculated in accordance with the accommodation standards of general staff of local state organs, and shall be based on the receipts of accommodation expenses. (7) The compensation for nutrition expenses and nutrition expenses may be calculated according to the proportion of 40% to 60% of the average living expenses of local Huhui residents.

If the party has been beaten by a family member, if the conditions for filing a lawsuit are met, the lawsuit may be filed. The parties may file a civil lawsuit in accordance with the law to demand compensation from the beater; If the crime of intentional injury is suspected, it can be reported to the public security organ and other Qidan organs, and then the procuratorate will initiate a public prosecution.

1. How to deal with the other party's failure to compensate if the person is beaten.

If the person is beaten and the other party does not compensate, it is recommended that the victim can go to the police station to report the case first. If the victim's evaluation results in minor injuries, the public security organs shall file a case for investigation and pursue the criminal responsibility of the beater. If the public security organs do not file a case, the victim may file a private criminal prosecution in the people's court, demanding that the beater be held criminally responsible.

Regardless of whether it is a public prosecution or a private prosecution, the victim can file an attached civil lawsuit at the same time to demand compensation for medical expenses and other expenses.

2. How to solve the fraud case in the end.

If you encounter fraud, you can go to the public security organ to report the case, and if it reaches a certain amount or more, the public security organ will file a case for investigation. In the final case of fraud, after the procuratorate has reviewed it, if it believes that the case can be directly prosecuted, it will file a public prosecution with the court; If it is found that the evidence in the case is flawed, but a lawsuit can indeed be initiated, the case file is to be returned to the public security organ for supplementary investigation, and then a public prosecution is initiated; If the victim directly initiates an accusation, and the procuratorate finds that the case will not be filed, it will serve a notice of non-filing of the case on the victim within 15 days, informing the victim of the reasons and legal basis for not filing the case. If the victim is not satisfied with the decision not to file a case, he or she shall apply to the procuratorate for reconsideration within 10 days of receiving the notice.

After the procuratorate accepts the reconsideration, it will conduct a certified investigation and give the victim a reply.

3. How to make the other party lose money after being slapped in the face.

Compensation for a slap in the face is determined on a case-by-case basis. First of all, after being beaten, you can apply for a disability evaluation, and if it constitutes a minor injury or more, the beater is suspected of the crime of intentional injury and should be investigated for criminal responsibility in accordance with the law. shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, and controlled release.

If the injury is assessed as minor, only civil compensation can be claimed, and the victim may file a lawsuit directly with the court for compensation for personal injury, and at the same time may request an administrative penalty. Personal injury compensation items include: medical expenses, nursing expenses, lost work expenses, hospital meal subsidies, nutrition expenses, etc.

Article 122 of the Civil Procedure Law of the People's Republic of China.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

(2) There is a clear defendant;

(3) There are specific litigation claims, facts, and reasons;

(4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 110 of the Criminal Procedure Law of the People's Republic of China.

Any unit or individual who discovers the facts of a crime or a criminal suspect has the right and obligation to report or report the case to the public security organs, people's procuratorates, or people's courts.

Article 169.

All cases that need to be prosecuted shall be reviewed and decided by the people's procuratorate.

Legal Analysis: If you are injured by someone, you can apply for medical expenses, lost work expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal subsidies and other related nursing expenses. If it is constituted, the other party above emotional intelligence needs to pay criminal responsibility, and you can also file a criminal lawsuit attached to the criminal case to claim these related expenses from the other party.

If the previous manuscript is identified as a minor injury, the public security organ will impose a public security punishment on the person who beat you, and the perpetrator will still have to bear the medical expenses and lost work expenses.

Legal basis: Article 43 of the "Public Security Administration Punishment Law of the People's Republic of China" Whoever assaults another person, or intentionally harms and harms the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

If you are injured by someone, you can apply for medical expenses, lost work expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies. If Hu and Li are constituted, the other party with emotional intelligence or above needs to pay criminal responsibility, and you can also file a criminal attached civil lawsuit to claim these related expenses from the other party. If it is determined that the injury is minor, the public security organ will punish the person who beat you, and the perpetrator will still have to bear the medical expenses and lost work expenses.

Article 43 of the Public Security Administration Punishment Law of the People's Republic of China "Whoever assaults another person, or intentionally injures the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.