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According to Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the compensation obligor shall compensate the victim for personal injury, 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 lost work expenses incurred by the victim's relatives in handling funeral matters.
If you need help, please contact.
Lawyer Pan Xueping.
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The calculation of the amount of compensation is a complex issue, which requires comprehensive consideration of the injured person's disability level, period of rest, nutrition, etc., as well as the nature of the injured person's household registration.
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According to the household registration (rural or urban households), the compensation is the same as that of a normal person, but there is no compensation for lost work.
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According to the Supreme Court, the compensation for personal injuries in road traffic accidents is interpreted as: medical expenses, nursing expenses (the cost of taking care of your child from work is equivalent to the cost of nursing care and burial), hospital meal allowance, lost work expenses (your child did not miss the previous work expenses), liquid disability, death compensation (your child should not be disabled or died, right?). If you have a disability, you must go to a professional appraisal agency to determine the level of disability), transportation expenses, funeral expenses (you should not have any), living expenses of dependents (none), compensation for mental damages, ** fees, medical renewal expenses, nutrition expenses, etc.
In addition, the disability compensation is calculated according to the disability level and the family registration standard (depending on the results of the examination and the family register), and the child who is 1 year old should be calculated for 20 years.
Other items will be reimbursed according to the facts.
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There is no standard rush, and the actual expenses incurred shall prevail.
You have to collect evidence, based on this evidence, put forward a number, negotiate with the other party, and if the negotiation fails, you can litigate.
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Compensation standards for traffic accidents.
1. The formula for calculating the amount of compensation for medical expenses and relevant laws and regulations.
Compensation standards for traffic accidents.
2. The formula for calculating the amount of compensation for lost time and relevant laws and regulations.
Compensation standards for traffic accidents.
3. The formula for calculating the amount of compensation for hospital meal subsidies and relevant laws and regulations.
Compensation standards for traffic accidents.
4. The formula for calculating the amount of compensation for nursing expenses and relevant laws and regulations.
Compensation standards for traffic accidents.
5. The formula for calculating disability compensation and relevant laws and regulations.
Compensation standards for traffic accidents.
6. The formula for calculating the amount of compensation for disability assistive devices and relevant laws and regulations.
Compensation standards for traffic accidents.
7. The formula for calculating the death compensation and the relevant laws and regulations.
Compensation standards for traffic accidents.
8. The formula for calculating the amount of compensation for the living expenses of dependents and relevant laws and regulations.
Compensation standards for traffic accidents.
9. The formula for calculating the amount of compensation for transportation expenses and the relevant laws, laws, and chain rules.
Compensation standards for traffic accidents.
10. The formula for calculating the amount of compensation for accommodation expenses and relevant laws and regulations.
Compensation standards for traffic accidents.
Ten. 1. The formula for calculating compensation for direct property losses and relevant laws and regulations.
Compensation standards for traffic accidents.
Ten. 2. Vehicle suspension loss fees and relevant laws and regulations.
Compensation standards for traffic accidents.
Ten. 3. The formula for calculating the amount of compensation for funeral expenses and relevant laws.
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Standard compensation: forgiveness for the victim's family and consideration of the other party's family situation; The sincerity of the perpetrators. In a word: moral conscience.
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After the disability level is identified, combined with the accident responsibility, the amount of compensation can be calculated.
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Look at the nature of the case:
Moral compensation is not supported in the case of criminal incidents attached to traffic accidents, and civil compensation in the case of traffic accidents includes moral compensation.
Nursing expenses, food allowances, transportation expenses.
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According to the local compensation standard for adults under 60 years old (20 years), taking Tianjin as an example: in 2011, the latest compensation standard for death compensation for urban households was 485,860 yuan, and the death compensation for rural households was 236,020 yuan, and the funeral expenses were unified at 25,794 yuan.
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Disability compensation is calculated based on the per capita income of the local urban or rural population in the previous year.
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Death compensation, funeral expenses, medical expenses, and more.
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Funeral expenses, death compensation, spiritual solace, etc.
Lawyer Liang Bin.
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Hello, in response to your question, this lawyer makes the following answers:
First, because the child is still very young, it is recommended to wait for the injury to stabilize and go to a qualified forensic appraisal agency for a disability level evaluation. After the disability level is confirmed, the compensation amount will be calculated.
Third, for personal injuries caused by traffic accidents, medical expenses, lost work expenses, nursing expenses, hospital meal subsidies, transportation expenses, nutrition expenses, disability compensation, mental injury solace expenses, auxiliary equipment expenses, accommodation expenses, corresponding property losses, etc.
If the negotiation fails, a lawsuit can be filed.
Wishing your child a speedy **!
Theoretically, you don't have to pay in advance.
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Not all parts of the same part can be evaluated.