Traffic accident supervision: grade 10 disability, tooth loss, six need dental implants, how to comp

It is possible to apply for an appraisal of the cost of fitting the denture and claim compensation from the defendant.

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

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.

1. The person obligated to 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.

2. The specific compensation items and calculation standards are described in detail in the provisions 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, and it is recommended to refer to them.

Legal analysis: It is necessary to know the specific number of pieces, and the loss of more than seven pieces is level 9, which is subject to the appraisal of the appraisal agency.

Legal basis: Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China

Article 96 In the case of a dispute over compensation for damages in a traffic accident, if the parties file a civil lawsuit with the people's court to destroy the hole, the traffic management department of the public security organ shall no longer accept the application for mediation.

During the mediation period of the traffic management department of the public security organ, if the parties file a civil lawsuit with the people's court, the mediation shall be terminated.

Article 97 Where a traffic accident occurs outside the road and the traffic management department of the public security organ receives a report, it shall be handled with reference to the provisions of the Road Traffic Safety Law and these Regulations.

Traffic accidents involving vehicles, pedestrians and trains, as well as traffic accidents at ferries, shall be handled in accordance with the relevant provisions of the state.

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You're a ninth-level disability.

1.Medical expenses: calculated according to the actual hospital, please be sure to keep the original receipts; 2.

Follow-up ** fee: the inevitable expenses determined according to the medical certificate or appraisal conclusion; 3.Nutrition Fee:

Based on the victim's disability and with reference to the opinions of the medical institution, it is generally 500 to 5,000 yuan; 4.Hospitalization food subsidy: 30 yuan per day actual hospitalization days; 5.

Nursing expenses: If the nursing staff has income, it shall be calculated with reference to the provisions on lost work pay; If the nursing staff does not accept the world or hire a nursing worker, it shall be calculated with reference to the labor remuneration standard of the local (70 yuan per day in Changsha) nursing staff engaged in the same level of hail care. In principle, there is one nursing staff, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel may be determined by reference.

6.Disability compensation: (For those over 60 years old, the age will be reduced by one year for each additional year; For those over 75 years old, it will be calculated as five years) urban standard:

16,566 yuan 20 years 20% = 66,264 yuan (applicable to non-agricultural household registration and agricultural Sun Fan household registration who worked and lived in the town for more than one year before the traffic accident); Rural standard: 5622 yuan 20% = 22488 yuan for 20 years.

That's all you can get.

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You're a Grade 10 disability.

Seven teeth lost in a traffic accident, how many levels of disability are assessed, how much compensation can be obtained, how much insurance companies have to pay, and whether it can be regarded as a disability appraisal.

The loss of seven teeth constitutes a Grade 10 disability. Negotiate with the responsible person first, and then go to the court to file a lawsuit if the negotiation fails.

The scope of compensation includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

That is to say, the loss of seven teeth can already constitute a disability assessment, we are three seven, how to compensate the other party's insurance company.

If the other party buys full insurance, the insurance company will pay all your compensation.

If an incisor is lost and meets the requirements of the national standard "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GBT "5 10 Grade 10" and "31) Tooth loss of more than 1 incisor tooth or 2 or more teeth in addition to wisdom teeth", it shall be assessed as a grade 10 disability. The National Standard of the People's Republic of China "Labor Ability Appraisal Employee Disability Grade of Work-related Injury and Occupational Disease" GBT5 10 10 10 1 Grading Principle Partial organ defect, abnormal morphology, no functional impairment, no medical dependence or general medical dependence, no self-care disorder. 5 10 2 10 Clause Series All 5 10 1 or one of the following clauses are 10 Grade 10 work-related injuries.

1) Those who meet one of the criteria for moderate disfigurement; 2) Facial scarring, skin grafting, foreign body pigmentation or loss of Shen Zhi 50px2; 3) Total body scar area.

1250px2 with significant scarring; 8) Palm and sol skin grafting area of 30; 9) Missing distal toe of any toe except the hallux; 10) dorsum foot skin graft area l02; 11) Patients who have not undergone surgery for meniscus injury or cruciate ligament injury of the knee; 12) Those who have no functional impairment or mild functional impairment after the healing of fractures in various parts of the body; 13) Mild dysfunction left after laceration of tendon and ligament of large joints of the limbs; 14) Chronic radioactive injury of one or both hands and above; 15) One eye corrected visual acuity 0

5, the other with corrected visual acuity 0 8;16) Binocular corrected visual acuity 0 8;17) Patients with one or both eyelid ectropion or incomplete palpebral closure corrected after plastic surgery; 18) Patients with ptosis of the upper eyelid and pupil corrected after 13-line plasty surgery; 19) Patients with eyelid adhesion affecting eye rotation and correcting after plastic surgery; 20) Intraocular lens heel after occupational and traumatic cataract surgery, with normal corrected vision; 21) Occupational and traumatic cataract I degree (or mild or moderate), corrected vision; 22) partial dislocation of the lens; 23) Those who have not removed the foreign body in the orbit; 24) Those who have not removed the foreign body in the eyeball; 25) traumatic mydriasis; 26) Patients with corneal scleral perforation**; 27) Hearing loss in both ears.

26db, or 56db for one ear; 28) Bilateral vestibular dysfunction, unable to stand with eyes closed; 29 chromium rhinosis (asymptomatic); 30) loss of sense of smell; 31) Loss of more than 1 incisor tooth or loss of more than 2 other teeth except wisdom teeth; 32) Ankylosis of one side of the temporomandibular joint, difficulty in opening the mouth I degree; 33) There is a foreign body in the sinuses or cheeks that has not been removed; 34) unilateral nasal or nostril atresia; 35) nasal septum perforation; 36) incomplete facial paralysis on one side; 37) Pleural adhesions thickened after simple closed drainage of hemothorax and pneumothorax; 38) After abdominal visceral contusion and laceration; 39) after breast repair; 40) mildly weakened immune function due to radiation injury; 41) chronic mild phosphate poisoning; 42) Fluorine and other inorganic compound poisoning, chronic mild poisoning; 43) bursitis of underground workers; 44) decompression osteonecrosis stage I; 45) first-degree dental erosion; 46) Occupational ** disease can not be cured for a long time.

If the party is disabled due to a traffic accident, the disability level shall be assessed by a qualified disability appraisal institution after the end of the first day. Therefore, the disability assessment should be finalized, usually three months after discharge, but if the injury has been stabilized, the registration can be called in advance according to the recommendations of the medical institution to assess the disability level to a qualified disability appraisal agency. If there is a fixation (such as a steel nail installed in a fracture**), the fixation must be removed before the disability can be evaluated.

If the end of the first is not yet done at this time, it is impossible to judge whether the victim will leave a certain impact on the injury after the end of the first term, and whether it can be intact as before, and the evaluation made based on the victim's injury at this time is not objective and cannot reflect and reflect the situation after the end of the first term.

Disability appraisal institutions may be entrusted by law firms, or by the traffic management departments of public security organs, or by the parties themselves, but before entrusting, it is necessary to understand whether the appraisal bodies have the corresponding appraisal qualifications, otherwise their appraisal conclusions may not be obtained from the court.

1. Procedures for the identification of traffic accident disability.

1. An application for disability evaluation shall be submitted to the case-handling organ;

2. Where the case-handling organ approves it upon review, the case-handling organ is to provide the applicant with a list of appraisal institutions for the applicant to choose;

3. The case-handling organ is to issue a power of attorney and entrust a selected appraisal agency to conduct the appraisal;

4. The case-handling organ and the appraisal agency shall sign a contract for entrusting the appraisal, clarifying the location of the appraisal, the requirements, the time for making the appraisal conclusion, and so forth.

5. The applicant shall accept the physical examination of the appraisal institution and provide medical files and corresponding materials.

Generally, if the tooth damage is severe, it can be rated as a disability, but no one other than the disability assessment agency can accurately determine the disability level of the tooth damage. Even if the disability level is evaluated, the traffic accident has already caused such a result, and the two sides can only deal with it calmly and rationally in a national legal system.

1. The loss of three teeth constitutes a grade 10 disability. According to the disability identification criteria: grade disability oral injury, loss or breaking of more than 2 teeth, inability to install dentures or repairs, affecting chewing and language function; Loss or breaking of two or more trembling teeth is considered a grade 10 disability.

2. After the negotiation fails, the court shall file a lawsuit, and the application for disability appraisal shall be based on the results, and the legal basis for claiming tort compensation shall be based on the following legal provisionsArticle 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Use of Law in the Trial of Personal Injury Compensation Cases Article 17 The victim suffers personal injury, and the expenses incurred due to medical treatment and the income reduced due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses, and the compensation obligor shall compensate for the personal injury. 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 ability to work, including disability compensation, disability assistive device expenses, and living expenses of dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses incurred due to the actual transportation of ** care and continuation.