How to compensate for lost time in a car accident, how to compensate for lost time in a car accident

Transportation compensation expenses shall be compensated according to personal injury, including: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, nutrition expenses, disability allowances, living expenses for dependents, subsidies for disability appliances, and mental damages

Lost time pay: 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 of missing work may be calculated to the day before the date of disability.

Nursing fee: Determined according to 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; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing.

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.

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

Nutrition expenses: Determined based on the victim's disability with reference to the opinions of medical institutions.

Disability compensation: According to the degree of the victim's inability to work or the level of disability, it is calculated for 20 years from the date of determination of disability according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Disability Assistive Device Fee: Calculated according to the reasonable cost standard of ordinary 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.

Living expenses for dependents.

Living expenses of dependents: Calculated according to the degree of the dependent's inability to work, according to the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted.

However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years. Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law.

Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year.

Mental loss expenses: The solatium for mental damage incurred in medical accidents is calculated according to the average annual living expenses of residents in the place where the medical accident occurred, and the calculation period shall not exceed 6 years if the patient dies due to medical accidents, and the calculation period shall not exceed 3 years if the patient is disabled. Other cases are not specified.

If the other party has a fixed job or payroll, compensation will be made according to the payslip, and if there is no work, compensation will be made according to the minimum standard of lost time pay.

To get lost time pay, first of all, the standard of lost time pay is determined according to the flow of your bank salary, and secondly, the length of lost time pay is issued by the hospital. Cases include your hospital stay and the rest period recommended together to be determined.

If you pay for lost time, it is based on the feeling of compensation at the scene of the car accident, and the lost time pay is very bad, because the loss of time pay is determined according to the legal benefits of your country.

Legal analysis: If the victim has a fixed income, the compensation for lost work in a traffic accident is calculated according to 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.

Legal basis: Article 20 of the "Supreme People's Court's Interpretation on Several Questions on the Application of Law in the Trial of Personal Injury Compensation Cases" Article 20 Where a person with a compensation obligation requests payment of disability compensation or assistive device fees in the form of a fixed payment, he shall provide a corresponding guarantee. The people's court may determine the payment of relevant expenses in the form of a fixed payment on the basis of the ability to pay compensation and the provision of guarantees.

However, expenses incurred before the conclusion of the first-instance court's debate, compensation for death, and solatium for moral damages shall be paid in a lump sum.