Legal significance of Grade 9 disability due to closed head injury

If a closed head injury results in a Grade 9 disability, the victim may claim compensation by referring to the following legal provisions.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 25: Disability compensation is calculated for 20 years from the date of determination of disability on the basis of the degree of the victim's inability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Where the victim is disabled due to injury but his actual income has not decreased, or where the level of disability is relatively minor but causes occupational obstruction that seriously affects his or her employment, the disability compensation may be adjusted accordingly.

Article 26: Fees for assistive devices for the disabled are calculated in accordance with the reasonable cost standards for commonly applicable devices. Where the injury has special needs, the corresponding reasonable expense standards may be determined with reference to the opinions of the assistive device preparation institution.

The replacement cycle and compensation period of assistive devices shall be determined with reference to the opinions of the preparation agency.

Not all closed head injuries constitute disability, and in judicial practice, the determination of specific results usually needs to be based on the identification of disability and the "Classification of Disability Caused by Human Injury". Those who meet the grading standards after comparison may be found to be disabled. Where there is no disability evaluation, a qualified disability evaluation institution may be entrusted to conduct the evaluation.

Grading of the degree of disability caused by human injury

Terms and Definitions.

Damage. Structural destruction and/or dysfunction of human tissues and organs caused by various factors.

Handicapped. Destruction or dysfunction of human tissues and organs, as well as the reduction or loss of the individual's ability to live, work, and social activities that are difficult to recover under modern clinical medical conditions.

Identification principles. Based on the consequences or outcomes of injury, the degree of tissue and organ loss or dysfunction should be objectively evaluated, the causal relationship between injury and disability should be scientifically analyzed, and the identification 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.

1. Where to go for disability assessment after a car accident.

1. The identification of traffic accident injuries and disabilities is generally carried out after the end of the first day. Termination refers to the period during which the pathological changes after injury generally recognized by clinical medicine are fully or partially recovered and stabilized after clinical treatment. Judging from the empirical judgment of the appraisal agency, the head injury generally takes six months later, and the injury to other parts can generally be carried out after three months.

2. It is recommended that the parties choose an appraisal agency with appraisal qualifications that has been filed with the local people's court for appraisal. In this way, the results of the appraisal can be recognized by the judicial authorities.

3. The general appraisal agency does not accept personal entrustment, so the parties can apply for the appraisal entrusted by the traffic management department of the public security organ or the law firm, or they can sue the court and jointly apply for the appraisal entrusted by the court. In judicial practice, it is often encountered that one party does not recognize the appraisal results after unilaterally entrusting the appraisal, so it is more appropriate to apply to the court for the appraisal after the lawsuit is brought to the court.

Closed craniocerebral injury is a minor injury, and if the cranial nerve damage causes the corresponding neurological dysfunction, it constitutes a second-degree minor injury, and the crime of intentional injury is suspected, a sentence of not more than three years imprisonment shall be given, and relevant expenses shall be compensated at the same time. Article 234 of the Criminal Law Anyone who intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, 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, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Where there are other provisions in this Law, follow those provisions.

Legal analysis: Closed cranial head injury is a minor injury, if the cranial nerve damage causes the corresponding neurological dysfunction, it constitutes a second degree minor injury, and Liang refers to the suspected crime of intentional injury, shall be sentenced to fixed-term imprisonment of not more than three years, and at the same time compensate for the relevant expenses. For head injuries, the name of the condition on the certificate of diagnosis alone does not determine the degree of human injury.

A forensic medical examiner is required to determine the severity of the injury. The outcome of closed head injury is uncertain, and the level of disability needs to be assessed based on the degree of recovery after **.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China [Crime of Intentional Injury] Whoever intentionally harms 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, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Where this Law provides otherwise, follow those provisions.

Closed head injury is a minor injury, and if the perpetrator intentionally injures others and causes harm, he shall bear corresponding criminal responsibility, and the law provides that anyone who intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release.

Legal basis] Article 234 of the Criminal Law of the People's Republic of China.

Whoever intentionally injures the body of another person is to 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.