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For what kind of injury is to be appraised for disability, there is a corresponding compensation standard according to the grade.
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If the two parties settle a personal civil settlement, both parties can agree, and the court will decide to see the actual loss.
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Legal Analysis: Whoever assaults another person and causes serious injury is suspected of the crime of intentional injury, and is generally sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Compensation for serious injuries does not have a pure notice provision, and it depends on the victim's injuries, which generally include medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, etc.
The victim may negotiate with the beater on the issue of compensation, and if the negotiation fails, the people's court is to pronounce the verdict.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Where this Law provides otherwise, follow those provisions.
Article 17 of the Full Text of the Judicial Interpretation on Compensation for Personal Injuries clearly states that if the victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and loss of work and enlightenment incurred by the victim's relatives in handling funeral matters.
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Heavy damage is used to lose money. Serious injuries are subject to compensation, but there is no fixed amount of compensation. It shall be determined in accordance with the scope of statutory compensation and compensation standards based on evidence such as medical expenses, length of hospitalization, whether it constitutes disability and disability level.
Article 1165 of the Civil Code: If a person infringes on the civil rights and interests of others due to his fault and causes damage, he shall bear tort liability. Where it is presumed that the perpetrator is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear responsibility for violating the right to respond.
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Legal Analysis: Where the victim's personal injury is caused by a criminal act, reasonable expenses such as medical expenses, nursing expenses, and transportation expenses shall be compensated for ** and **, as well as the loss of income due to lost work. where the victim's disability is caused, compensation shall also be made for expenses such as the cost of living aids for the disabled; Where the victim's death is caused, compensation shall also be made for funeral expenses and other expenses.
There is no disability compensation.
Legal basis: Article 155 of the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" provides that where the victim's personal injury is caused by a criminal act, compensation shall be made for medical expenses, nursing expenses, transportation expenses, and other reasonable expenses paid for the treatment of rent and medical treatment, as well as the loss of income due to lost work. where the victim's disability is caused, compensation shall also be made for expenses such as the cost of living aids for the disabled; Where the victim's death is caused, compensation shall also be made for funeral expenses and other expenses.
There is no disability compensation.
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Minor injuries can generally claim compensation of 5 to 60,000 yuan.
The amount of compensation is generally calculated according to direct expenses such as medical expenses, and compensation of 50,000 to 60,000 yuan can be claimed for minor injuries, and more than 100,000 yuan can be claimed if it constitutes a disability. The perpetrator needs the victim to write a letter of understanding to talk about the fiber, so as to achieve a mitigated punishment, and if there is no letter of understanding, the sentence is generally actual punishment.
Breakdown of Compensation Costs:
1. Medical expenses.
The compensation for 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, ** expenses, and accommodation and travel expenses. When necessary, a forensic medical doctor may be entrusted to conduct an evaluation.
2. Lost time pay.
The date of the victim's loss of work shall be determined on the basis of the actual degree of the injury, the state of recovery, and with reference to the forensic evaluation or the certificate issued by the ** hospital.
3. Food expenses.
The hospital meal subsidy shall be compensated for the number of days of hospitalization in accordance with the standard of meal allowance for general staff of state organs on business trips (yuan days).
4. Nursing fees.
The victim's ability to take care of himself after being injured should generally be determined by a forensic medical examiner's evaluation or a certificate issued by a hospital.
5. Transportation expenses.
If the victim goes to the local hospital** or must be transferred**, the transportation expenses of the victim and the necessary nursing personnel shall be compensated.
6. Accommodation fees.
If a victim who has to go to a hospital in another country** has to wait for treatment due to the lack of beds in the hospital or other reasons and is not allowed to travel to and from home due to his or her injury, or if the cost of transportation to and from home is higher than the accommodation fee, the accommodation expenses of the victim and the necessary nursing staff shall be compensated. <>
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