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Medical expenses: according to the actual amount of medical bills;
Nursing expenses: If the nursing staff has a fixed income, it shall be calculated according to the calculation method of lost work expenses, and if there is no income, refer to the labor remuneration standard for nursing workers engaged in the same level of nursing;
Transportation expenses: according to the amount on the ticket;
Hospitalization meal subsidy and nutrition fee: 30-50 yuan per day * number of days of hospitalization according to the local level;
Disability Compensation: Per Capita Disposable Income of Urban Residents Per Capita Net Income of Rural Residents * 20 Years * 20%;
Dependants' living expenses, if any;
Solatium for moral damages: Discretionary consideration. Thank you.
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Find it on the Internet, 2013 traffic accident personal injury compensation, according to the Jiangsu Provincial Bureau of Statistics, the National Bureau of Statistics Jiangsu Survey Corps issued the "2012 Jiangsu Provincial National Economic and Social Development Statistical Bulletin", the 2012 annual provincial compensation standards are based on the statistical data as follows:
1. The per capita disposable income of urban residents is 29,677 yuan per year2, the per capita consumption expenditure of urban residents is 18,825 yuan per year, and the per capita net income of rural residents is 12,202 yuan per year4. The per capita living consumption expenditure of rural residents is 8,655 yuan The annual average wage of employees and the average wage of on-the-job workers in sub-industries in Jiangsu Province will be reported after the data of the Bureau of Statistics are released.
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If a traffic accident causes the victim to have a Grade 9 disability, under normal circumstances, the following compensation items can be obtained:
1.Medical expenses and follow-up expenses;
2.nursing fees;
3.Hospitalization meal subsidy;
4.nutrition fees;
5.Accommodation and transportation expenses for hospitalization**;
6.Lost time pay;
7.Disability compensation (20% for level 9 disability);
8.Disability Assistive Device Fee;
9.Solatium for moral damages (subject to the amount of practice of the court where the lawsuit is filed);
10.Dependants' living expenses (this is only available if there are dependents);
11.Some other expenses that are reasonably necessary.
First, calculate the specific amount of each of the above compensation items, and then add the specific amount of each item to the total amount of compensation items for grade 9 disability. Because it is a traffic accident caused by a motor vehicle, the total amount of compensation items beyond the limit of compulsory traffic insurance (the calculation formula is noted below) and the total amount of compensation items for the scope of liability of the motor vehicle party (the calculation formula is remarked below) should also be calculated, and finally the total amount of compensation items that can be compensated at one time for grade 9 disability in traffic accidents can be calculated.
Remarks: 1) The total amount of compensation items beyond the limit of compulsory traffic insurance = the total amount of compensation items - the compensation limit of compulsory traffic insurance.
2) The total amount of compensation items within the scope of liability of the motor vehicle party = the total amount of compensation items beyond the limit of the compulsory traffic insurance and the liability coefficient of the motor vehicle party.
3) The total amount of compensation items actually due = the total amount of compensation items in the scope of liability, the compensation amount of compulsory insurance, and the amount of compensation for traces.
4) Compensation limit of compulsory traffic insurance: according to the provisions of Article 8 of China's "Compulsory Insurance Clause for Motor Vehicle Traffic Accidents and Disorderly Fighting", if the insured has a traffic accident in the course of using the insured motor vehicle, resulting in the victim suffering a grade 9 disability, the motor vehicle party shall be liable for the accident and compensate 18,000 yuan according to the compensation limit for death and disability; When the insured is not liable, the limit of compensation for death and disability without liability is 1,800 yuan.
2. Who bears the burden of proof for traffic accident compensation?
1. General rule: that is, "whoever asserts, who adduces evidence". It means that both parties to a traffic accident have the responsibility to present evidence and prove their claims, and if the parties are unable to provide evidence for their own claims or the evidence is insufficient to prove the factual claims put forward by the parties, the party with the burden of proof shall bear the adverse consequences.
2. Special rules: that is, the burden of proof is reversed. It refers to the principle of proof according to the general rules, which should have been proved by the person who made the factual claim, but in some specific infringement lawsuits, the specific method of the tort, the causal relationship between the tort and the damage consequence are proved by the person who made the factual claim, and there are practical difficulties and unfair consequences, while the other party bears the natural burden of proof for the fact due to its specific identity, duties and job requirements, so the law expressly stipulates the rules for the other party to present evidence.
3. The burden of proof designated by the people's court refers to the fact that in the absence of clear provisions in the law, the burden of proof is determined by the judge in accordance with the principles of fairness and good faith and on the basis of discretion.
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Summary. Dear, good boss, The traffic accident is identified as a grade 9 disability, and the compensation standard medical expenses: calculated according to the actual expenditure.
The court generally calculates the actual medical expenses incurred before the conclusion of the first-instance court debate. Cosmetic grafting can be included in the medical expenses. Follow-up ** fee (take internal fixed fee, **** fee, etc.):
It is generally determined with reference to the medical certificate or the forensic evaluation conclusion of the forensic evaluation center. In special circumstances, it is to be determined at the time of actual occurrence. Hospitalization meal subsidy;
100 yuan per day in the province. Nutrition fee: (traffic police force mediation generally does not calculate this item) nursing fee:
Where nursing staff have income, it is calculated with reference to the provisions on lost time pay; If there is no fixed income or employment, it shall be calculated with reference to the labor remuneration of nursing workers engaged in the same level of nursing in Changsha City, which is about 70 yuan, 80 yuan, 90 yuan, and 100 yuan per day. Disability compensation: (the traffic police force directly calculates the nature of the victim's household registration, and the court judgment generally combines whether the victim has worked in the town, lived for more than one year or the main income is in the town, etc., and the disability compensation can be calculated according to the urban standard) The living expenses of the dependents (the actual amount is determined according to the number of dependents):
Traffic police mediation is generally not counted in this category).
What is the compensation standard for the assessment of grade 9 disability in a traffic accident?
Dear, good boss, The traffic accident is identified as a grade 9 disability, and the compensation standard medical expenses: calculated according to the actual expenditure. The court generally calculates the actual medical expenses incurred before the conclusion of the first-instance court debate.
Cosmetic grafting can be included in the medical expenses. Follow-up ** fee (take internal fixed fee, **** fee, etc.): generally refer to the cost determined by the medical certificate or the forensic appraisal conclusion of the judicial appraisal center.
In special circumstances, it is to be determined at the time of actual occurrence. Hospitalization food subsidy: 100 yuan per day in the province.
Nutrition expenses: (traffic police mediation generally does not calculate this item) nursing expenses: if the nursing staff has income, it shall be calculated with reference to the provisions on lost work expenses; If there is no fixed income or employment, it shall be calculated by referring to the labor remuneration of nursing workers engaged in the same level of nursing care in Changsha City, which is about 70 yuan, 80 yuan, 90 yuan, and 100 yuan per day.
Disability compensation: (the traffic police force directly calculates the victim's household registration nature, and the court judgment is generally based on whether the victim works or lives in the town for more than one year or the main income is in the town, etc., and the disability compensation can be calculated according to the urban standard) The living expenses of the dependents (the actual amount is determined according to the number of dependents) :(The traffic police force mediation generally does not calculate this item).
Legal basis: Article 1179 of the Civil Code of the People's Republic of China Anyone who infringes upon others and causes Li Sui's personal injury, shall compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If the clan orders cause the death of the si, the funeral expenses and the compensation for the death of the si, shall also be compensated.
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