What is the standard of civil compensation for minor injuries in a fight

Updated on society 2024-08-07
3 answers
  1. Anonymous users2024-02-15

    1.Medical expenses are determined on the basis of the receipt vouchers for medical expenses and hospitalization fees issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates.

    2.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.

    3.The standard of nursing expenses, if the nursing staff has income, shall be calculated with reference to the provisions on lost work pay; Where nursing staff have no income or are court helpers, it is to be calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing.

    4.Transportation expenses are calculated based on the actual expenses incurred by the victim and his/her necessary escorts for medical treatment or transfer**.

    5.The hospital meal subsidy may be determined with reference to the business trip meal subsidy standard for general staff of local state organs.

  2. Anonymous users2024-02-14

    2) Lost time pay. It is determined based on the victim's lost time and income status.

    3) Nursing fees. It is determined according to the income status of the nursing staff, the number of nursing staff, and the duration of nursing care.

    Post-disability care for the victim. The level of care should be determined based on the degree of dependence on care and in the context of the specific circumstances of the disability appliance being prepared.

    5) Hospitalization meal subsidy. It can be determined with reference to the standard of business trip meal allowance for general staff of local state organs.

    6) Nutrition expenses. It is to be determined on the basis of the victim's disability with reference to the opinions of the medical establishment.

    Legal basis. Article 19 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Where the definite period of care, assistive device fees, or disability compensation is exceeded, and the person entitled to compensation files a lawsuit with the people's court requesting continued payment of nursing expenses, assistive device fees, or disability compensation, the people's court shall accept it. Where the person entitled to compensation truly needs to continue to care for or prepare assistive devices, or does not have the ability to work and make a living, the people's court shall order the person with the right to pay compensation to continue to pay the relevant expenses for 5 to 10 years.

  3. Anonymous users2024-02-13

    Legal analysis: The compensation expenses to be paid by the injured person include medical expenses, lost work expenses, nursing expenses, transportation expenses, hospital meal subsidies, and necessary nutrition expenses. If you become disabled due to injury, you will also have to pay disability compensation, disability assistive device expenses, living expenses for the former Iwacha's dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to **nursing care and continuation**.

    Legal basis: Article 1 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 stipulates that if the person entitled to compensation sues the person with the right to compensate for material and moral damages due to the infringement of life, body or health, the people's court shall accept it.

    The term "compensation right holder" as used in this article refers to a victim who has directly suffered personal injury as a result of the tort or other causes of harm, as well as the close relatives of the deceased victim. "Compensation obligor" as used in this article refers to natural persons, legal persons, or unincorporated organizations that shall bear civil liability in accordance with law for their own or others' tortious acts or other causes of harm. Article 8 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 provides:

    The nursing fee is determined based on the income status of the nursing staff, the number of nursing staff, and the duration of nursing care. Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; If the caregiver has no income or hires a caregiver, it shall be calculated with reference to the Huipi labor remuneration standard for local caregivers engaged in the same level of 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.

    The period of care shall be calculated until the victim regains the ability to take care of himself/herself. 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 level of care for the victim after being determined to be disabled shall be based on the degree of dependence on care and the preparation of disability assistive devices.

    Article 9 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 stipulates that transportation expenses shall be calculated according to the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or transfer to hospitals. 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.

    Article 10 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 stipulates that the hospital meal allowance may be determined with reference to the standard of business trip meal allowance for ordinary staff of local state organs. If it is really necessary for the victim to go to another place** and cannot be hospitalized due to objective reasons, the reasonable part of the accommodation and food expenses actually incurred by the victim and his escort shall be compensated.

    Article 11 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 stipulates that nutrition expenses shall be determined according to the disability of the victim with reference to the opinions of medical institutions.

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