Compensation for moral damage and nutrition expenses, and compensation for moral damages

1. Medical expenses.

Medical expenses: outpatient fees + hospitalization fees + examination fees and other medical expenses (with formal medical bills).

2. Hospitalization meal subsidy.

Hospitalization meal subsidy: 30 yuan per day for the number of days of hospitalization.

3. Nutrition expenses.

Nutrition fee: 30 yuan per day of hospitalization (according to the disability and combined with the medical institution or judicial appraisal opinion to determine the nutrition period after discharge).

4. Lost time pay (time, income).

Lost work pay: the victim's fixed income (days, months, years) Lost work time [or according to (2011 annual average wage of employees in Shaanxi Province 365 days) Lost work days; or calculated according to the relevant industry income standard].

5. Nursing fees.

Nursing expenses: Expenses for lost work of the accompanying staff, escort time or (60 yuan---100 yuan) The nursing period is based on Article 21 of the "Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases", which stipulates that the nursing period shall be calculated until the victim regains the ability to take care of himself.

Where the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of care may be determined on the basis of factors such as his or her age and health condition, but not more than 20 years. The specific period of care is to be determined on the basis of the victim's physical condition, doctor's opinions, and judicial appraisal opinions.

6. Transportation expenses.

Transportation expenses: Calculated based on the actual expenses incurred by the victim and his/her necessary escorts for medical treatment or transfer**. Transportation expenses shall be based on official bills; The relevant credentials shall be consistent with the location, time, number of people, and number of times of medical treatment.

7. Accommodation fee.

Accommodation fee: The standard accommodation standard for general public employees on business trips and the number of days of accommodation (can be calculated as 100 yuan per day).

8. Disability compensation.

1) The victim is under the age of 60.

Disability compensation for urban residents: 18,245 yuan for 20 years Disability compensation index.

Disability compensation for rural residents: 5,028 yuan for 20 years disability compensation index.

2) The victim is between 60 and 74 years old.

Disability compensation for urban residents: 18,245 yuan [20 years (actual age of the victim is 60 years old)] Disability compensation index.

Disability compensation for rural residents: 5,028 yuan [20 years (actual age of the victim is 60 years old)] Disability compensation index.

3) The victim is over 75 years old.

Disability compensation for urban residents: 18,245 yuan for 5 years disability compensation index.

Disability compensation for rural residents: 5,028 yuan for 5 years Disability compensation index.

Medical expenses, disability compensation, transportation expenses, lost work expenses, hospital meal allowances, mental damage compensation, etc., and in some cases, nutrition expenses, nursing expenses, etc., the specific amount of compensation should be calculated according to the relevant local standards.

The scope of compensation for moral damages is as follows:The person who has suffered an illegal infringement of his or her personality rights due to natural lead stools;

Specific commemorative items with personality symbolic significance are permanently lost or damaged as a result of tortious acts;

Illegally removing the incarcerated Huai Dispersed Brigade Guardian from guardianship, causing serious damage to the parent-child relationship or the kinship between close relatives.

Moral damages are determined on the basis of the circumstances of the loss, while nutrition is determined on the basis of the opinion of the medical institution based on the disability of the victim.

According to article 18 of the "Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injury", where the victim or the close relatives of the deceased suffer mental damages, and the person entitled to compensation requests compensation from the people's court for compensation for moral damages, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall be applied to make a determination.

The right to claim solatium for moral injury must not be assigned or inherited. However, this is not the case where the person obligated to compensate has already promised in writing to give monetary compensation, or the person entitled to compensation has already filed a lawsuit with the people's court.

Article 24: Nutrition expenses are to be determined on the basis of the victim's disability with reference to the opinions of medical establishments.

The two costs you describe do not have a clear legal requirement and can generally be negotiated and settled. Moral compensation is generally not more than 3-50,000 yuan.

1. Medical expenses shall be determined according to the receipt vouchers for medical expenses and hospitalization fees issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof. The amount of compensation for medical expenses shall be determined on the basis of the amount actually incurred before the conclusion of the debate in the court of first instance.

According to Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts, the amount of compensation for moral damages is to be determined on the basis of the following factors: (1) The degree of fault of the infringer, except as otherwise provided by law; (2) Specific circumstances such as the means, occasions, and methods of conduct of the violation; (3) After the infringement is caused.

1. Compensation standards for nutrition expenses and mental damage expenses for car accidents.

Medical expenses: Medical expenses are determined according to the receipt vouchers for medical expenses and hospitalization fees issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. The amount of compensation included in medical expenses is to be determined on the basis of the amount actually incurred before the conclusion of the debate in the court of first instance.

The compensation rights holder may file a separate lawsuit for the necessary expenses for organ function recovery training, appropriate cosmetic surgery fees, and other follow-up expenses. However, if the expenses that are determined to be incurred on the basis of the medical certificate or appraisal conclusion, they may be compensated together with the medical expenses already incurred. Lost time pay is determined based on the victim's lost time and income.

The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time spent missing work may be calculated to the day before the date of disability. If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income.

If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

2. What is the nutrition fee?

Nutrition expenses are expenses incurred by the victim through the usual diet that cannot meet the needs of the injured body, and needs to supplement the body with nutritional products other than the usual diet, which is a kind of supplement**.

3. The scope of nutrition expenses.

In the personal injury compensation project, the determination of nutrition expenses is the most flexible, and the judge has no specific standard to refer to, and cannot explain it from a medical perspective. In the current trial practice, as long as the victim is hospitalized**, the judge will support the nutrition expenses, and if the victim is not hospitalized**, the nutrition expenses will basically not be considered.

Nutrition expenses are determined based on the specific circumstances of the victim's injury and disability, and the following are some common situations that require increased nutrition:

1) Patients with a lot of bleeding during trauma or surgery (generally more than 400 ml);

2) The elderly, frail and seriously injured;

3) Patients with digestive system dysfunction, such as partial or total resection of the gastrointestinal tract, ruptured or partial resection of the liver, rupture or partial or total resection of the pancreas;

4) Patients with digestive and absorption dysfunction caused by other reasons;

5) Those who cannot eat normally and need nasogastric feeding, such as shock, vegetative and comatose;

6) Larger burns.

Moral damages are generally claimed at the same time as other tort costs. For example, if the infringement causes physical damage to the victim, then the victim can ask for expenses such as expenses and lost work expenses, and when asking for these expenses, he can claim compensation for moral damages by the way.

[Legal basis].

Article 1183 of the Civil Code.

Where the infringement of a natural person's personal rights and interests causes serious mental harm, the infringed party has the right to request compensation for the moral damages.

Where serious mental harm is caused by intentional or gross negligence infringement of a natural person's specific object of personal significance, the infringed party has the right to request compensation for moral damages.

Article 1187.

After the damage has occurred, the parties may negotiate the payment method of compensation costs. where the negotiation is inconsistent, the compensation fee shall be paid in a lump sum; If it is really difficult to pay the one-time payment, it may be paid in installments, but the infringed party has the right to request the provision of corresponding guarantees.