What should I do if my child is injured by mistake, my child was accidentally injured by someone els

Updated on parenting 2024-06-24
10 answers
  1. Anonymous users2024-02-12

    Red is not responsible; You don't need to know that if Hong is the defendant, the court will investigate it itself; You can sue, but you are not the plaintiff, there is no question of suering, and you can also apply to the court to add a defendant, and the court does not agree to it is another matter; If the school is at fault, it shall bear responsibility within the scope of its own fault; Although the percentage of your child's compensation cannot be predicted, it should be higher based on experience; The amount of compensation paid by the school depends on how big the fault of the school is; Whether Kim is responsible or not depends on whether Kim is at fault or not; After the award is given to your husband, your husband is a guardian and has a guardianship obligation, and you have no guardianship obligation, so you are not liable; So you don't have to lose a penny.

    If you still want to ask, give points first.

  2. Anonymous users2024-02-11

    You. Responsible.

    Children from single-parent families.

    It's easy to be out of place.

    You should take care of your children.

    Teach him to be friendly with his classmates and not to fight.

  3. Anonymous users2024-02-10

    You're not responsible. You are not a guardian. It happens at school, and the school is of course responsible.

    Red just had a verbal altercation with your child and didn't make a move, so it's not responsible. The proportion of compensation between the school and your husband depends on the court's decision. It is closely related to the location of the accident, such as in the department playground, the time of class and class, and the presence of school staff.

    Therefore, it is necessary to judge comprehensively.

  4. Anonymous users2024-02-09

    Educate. Homeschooling is important.

  5. Anonymous users2024-02-08

    Get a lawyer to talk to.

  6. Anonymous users2024-02-07

    Summary. If the child is injured accidentally, the guardian shall compensate for the reasonable expenses such as medical expenses caused by the injury. If the negotiation fails, it can be resolved through litigation.

    If the child is injured accidentally, the guardian shall compensate for the reasonable expenses such as medical expenses caused by the injury. If the negotiation fails, it can be resolved through litigation [Summary].

    If the child is injured accidentally, the guardian shall compensate for the reasonable expenses such as medical expenses caused by the injury. If the negotiation fails, it can be resolved through litigation.

    If the respective fault cannot be determined and the injured child is at fault, the guardian of the injured child shall be liable for compensation to the injured child within the scope of responsibility.

    Legal basis: Article 1188 of the Civil Code provides that where a person who lacks or has limited capacity for civil conduct causes harm to others, the guardian shall bear tort liability. Where guardians perform their guardianship duties, their tort liability may be reduced.

    Where a person with property who lacks or has limited capacity for civil conduct causes harm to others, compensation is to be paid from his or her own property; The guardian shall compensate for the shortfall. Where a person is injured by mistake and causes minor injury, it does not constitute a crime and will not be sentenced. However, if a person is seriously injured by mistake, it may constitute the crime of causing serious injury by negligence, and according to the provisions of the Criminal Law, a person who negligently injures another person and causes serious injury shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

  7. Anonymous users2024-02-06

    Summary. Compensation is also paid for accidental injury, but it is the child's guardian (parent) who pays compensation. Compensation includes medical expenses, nutrition expenses, lost work expenses for adults, nursing expenses, transportation expenses, and if the injury is serious, it is also necessary to do a disability level appraisal, and if the disability level can be identified, there is also a disability level compensation.

    My child was accidentally injured by someone else's child, how can I compensate?

    Hello, your question has been received, you later.

    Hello, I am a consulting lawyer who asked questions, and I am very happy to serve you Did you go to the hospital for an appraisal? Is there a hospitalization?

    Hello. Compensation is also paid for accidental injury, but it is the child's guardian (parent) who pays compensation. Compensation includes medical expenses, nutrition expenses, lost work expenses for adults, nursing expenses, transportation expenses, and if the injury is serious, it is also necessary to do a disability level appraisal, and if the disability level can be identified, there is also a disability level compensation.

    I didn't do it, the child injured his right eye, and his vision after surgery.

  8. Anonymous users2024-02-05

    Legal analysisStudents who are injured at school should be distinguished according to the age of the student and the reason for the student's injury. Where minors under the age of 10 are harmed at school for reasons other than off-campus reasons, the school shall bear responsibility for compensation, except where the school can provide evidence showing that they performed educational management duties. Where minors between the ages of 10 and 18 are harmed at school for reasons other than those outside the school, the school is not liable for compensation unless the injured student can provide evidence to prove that the school failed to perform educational management duties.

    The burden of proof is on the student. Where minors under the age of 18 are injured at school due to reasons attributable to persons outside the school, the infringer shall be liable. When the victim cannot receive compensation from the tortfeasor or does not receive full compensation, the school shall be liable for compensation if the victim can prove that the school was negligent in management.

    Legal basis"Civil Code of the People's Republic of China" Article 1201 Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a third party other than a kindergarten, school or other educational institution while studying or living in a kindergarten, school or other educational institution, the third party shall bear tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities. Kindergartens, schools or other educational institutions may recover compensation from a third party after assuming supplementary liability.

  9. Anonymous users2024-02-04

    Summary. Hello, my child was accidentally injured by someone else's child, so the compensation will be compensated by the guardian for medical expenses and nutrition expenses. 1. Ask the parents of the students who tripped over your child to compensate, because the child is underage, and the responsibility is borne by the guardian.

    If the school is responsible, it can also claim compensation from the school, but if not, it is not. 2. The child is under the age of eight and is a person with no capacity for civil conduct, and the school bears the presumption of fault liability. The child has reached the age of eight and is a person with limited civil capacity, and the school bears the responsibility for the fault.

    3. If a person without capacity for civil conduct suffers personal injury during the period of study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall be liable, but if it can be proved that he has fulfilled his educational and management duties, he shall not be liable. 4. Where a person with limited capacity for civil conduct suffers personal injury while studying or living in a school or other educational institution, and the school or other educational institution fails to perform its educational or management duties, it shall be liable.

    My child was accidentally injured by someone else's child, how can I compensate?

    Hello, my child was accidentally injured by someone else's child, so the compensation will be compensated by the guardian for medical expenses and nutrition expenses. 1. Ask the parents of the students who tripped over your child to compensate, because the child is underage, and the responsibility is borne by the guardian. If the school is responsible, it can also claim compensation from the school, but if not, it is not.

    2. The child is under the age of eight and is a person with no capacity for civil conduct, and the school bears the presumption of fault liability. The child has reached the age of eight and is a person with limited civil capacity, and the school bears the responsibility for the fault. 3. If a person without capacity for civil conduct suffers personal injury during the period of study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall be liable, but if it can be proved that he has fulfilled his educational and management duties, he shall not be liable.

    4. Where a person with limited capacity for civil conduct suffers personal injury while studying or living in a school or other educational institution, and the school or other educational institution fails to perform its educational or management duties, it shall be liable.

    How to make a claim for hospital discharge.

    Hello, I found a guardian to reimburse medical expenses and nutrition expenses, but I went to the court to sue if I couldn't negotiate.

  10. Anonymous users2024-02-03

    Legal analysis: 1. The compensation for lost work is jointly determined according to the victim's lost time and income. The amount of compensation for lost time is calculated as follows:

    Compensation amount of lost time pay = lost work income (days, months, years) and lost work time. 2. The time for lost work can be determined according to the certificate issued by the medical institution that the victim accepts. If the victim continues to miss work due to injury and disability, the period of missed work may be calculated up to the day before the date of disability.

    3. Income status, if the victim has a fixed income, the compensation for lost work shall be calculated according to the actual reduced income; If the victim has no fixed income, it is calculated on the basis of his average income in the last three years; If the victim is unable to provide evidence to prove his average income in the last three years, it may be calculated by referring to the average salary of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

    Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 17: Where a 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 lost work expenses incurred by the victim's relatives in handling funeral matters.

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